
Class XK4 <?&Z- 

Book M^.M_ 



LAWS 

OF THE 

<Cotmnoniaeaft8 of (fll&BBacfyuettie 

RELATING TO 

POLITICAL COMMITTEES, CAUCUSES, 
CONVENTIONS, 

AND THE 

NOMINATION OF CANDIDATES, 

INCLUDING THE ACTS OF 1903, 

WITH AN APPENDIX 

CONTAINING INFORMATION RELATIVE TO 

QUALIFICATION OF VOTERS, NATURALIZATION 

AND 

ELECTION DISTRICTS. 



1903. 



COMPILED B\^ Sl £. . 

RICHARD L. 7^hs<^ 
6 Beacon Stfeet, Boston. 



SEP 12 190? 


















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Copyright, 1903, hy Richard L. Gay. 



TABLE OF CONTENTS 

PAGE 

Calendar for Current Year ii 

Political Calendai'— State Election ..iy, T 

Political Calendar — City Elections vi 

Sniumary of the Legislation of 1903 vii 

Revised Laws of Massachusetts, Chapter 11 1 

General Pro visions 2 

Teems Defined 2-4 

Sundays and Holidays 4 

Election Commissioners 4-6 

Criminal Prosecutions 5 

Registration or Voters before a Caucus 6 

Voting Lists for use at Caucuses 6 

Political Committees 7 

State Committee 7 

City, Ward and Town Committees 8 

Rules and Regulations of 10 

Provisions applying- to all Cancnses of Political 

Parties throughout the State 11 

Provisions applying to Caucuses of Political Parties 

except in Boston, etc 17 

Provisions applying to Caucuses of Political Parties 

in Boston, etc 21 

Calling of Caucuses 23 

Preparation of Polling Places 24 

Notices 25 

Nomination Papers Relating to Caucuses 25 

Preparation and Form of Ballots 30 

Manner of Voting w . 32 

Delivery of -Ballots, etc '. .„' 33 

Conduct of Caucuses 33 

Counting of Ballots /. 34 

Recount of Ballots 36 

Caucus Officers 37 

Nomination of Candidates 40 

In Suffolk Senatorial Districts 40 

In Certain Councillor Districts 76 

In Certain Congressional Districts 82 

By Direct Vote, Act of 1902 76 

Contentions 43 

Nomination Papers Relating to Elections 45 

Certificates of Nomination and Nomination Papers 47 

State Ballot Law Commission 55 

Stamps for Marking Ballots 56 

Voting and Counting Machines and Apparatus 57 

State Board of Voting Machine Examiners 81 

Corrupt Practices in Elections; Sections Relating 

Thereto 59 

Inquests in Caucus, Convention and Election Cases.. 68 

Penalties 68 

Disposition of Cases of Violation of Election Laws 76 

Acts of 1902 76 

Acts of 1903 , 79 

Act Relative to Returns of Caucuses 83 

Act to Provide for Joint Caucuses or Primaries 85 

Appendix 93 

Qualifications of Voters 95 

Naturalization 96 

Election Districts in Massachusetts 98 

Index 105 



POLITICAL CALENDAR 

RELATING TO IIIK 

STATE ELECTION 



1901 



IN BOSTON ONLY. 
Registration of Voters. 

July 20 to August 22 inclusive, 9 to 5, August 24 to September 15 
inclusive, 9 to 5, 6 to 10, Saturday, 9 to 12, September 16 to October 2, 9 to 5, 
October 3 to October 14, 9 to 5, 6 to 10. 

No registration Sun-lays. 
Sept. 1.— Last day for listing persons for registration. 
Sept. 15 — Registration for tbe Primaries closes at 10 P. M. 
Oct. 3.— Evening registration opens in the several wards from 6 
P. M. to 10 P. M. 

Caucuses, Conventions, etc. 

Augr. 31.— Last day for appointing eleetion officers. 

Sept. '22.— All Republican, Democratic and Socialist caucuses for the 
choice of delegates to Conventions and the Domination 
of candidates to be voted for at the State election ransl 
be held at the same time and place on this day. Pulls 
open from 6 A. M. to 4 P. M. 

Sept. 28.— Earliest day for calling and holding Republican, Democratic 
and Socialist Conventions. 

Oct. 9.— Last day for the Election Commissioners to post in each 
voting precinct copies of the voting lists. 



OUTSIDE OF BOSTON. — CAUCUSES. 

Sept. 22.-A11 Socialist caucuses ] For tu ". cnoice ?* \ W] "- 

1 conventions and the nomina- 
Sept. 23.— All Republican caucuses }\]<>n in caucuses <>f candidates 
a ^ .. ,„ „ .. for the General Court, must be 

Sept. 24 — All Democratic caucuses j jj e j f j 



OUTSIDE OF BOSTON. — CONVENTIONS. 

"1 Conven- 
Sept. 28.— Earliest day for calling and holding Socialist | ^JjJJjj 
Sept. 28.— Earliest day for calling and holding Republican y Reprepen- 
Sept. 29.— Earliest day for calling and holding Democratic | Conven- 

J tions. 

Sept. 30. — Earliest day for calling and holding Socialist 1 R«pre- 
Oct. 1. -Earliest day for calling and holding Republican f" 7 "n vVn- 
Oat. 2.— Earliesl day for calling and holding Democratic J Won. 



POLITICAL CALENDAR, STATE ELECTION, 1903 
STATE CONVENTIONS. 

Sept. 28 — Socialist, in Paine Memorial Hall, 10.30 A. M. 

Oct. 1. — Democratic in Tremont Temple, Boston, 11 A. M. 

Oct. 2.— Republican in Tremont Temple, Boston, 10.30 A. M. 



IN GENERAL. 

For Registration of Voters. — "Registrars shall hold such sessions as 
the town by by -law or the city . . . by ordinance shall prescribe." 

Sept. 30.— Last day for appointing election officers in cities except Boston. 

Oct. 3.— Last day for designating polling places. 

Oct. 3.— Last flay for Registrars of Voters in every city and town, except 
in Boston, to post in each voting precinct preliminary alphabet- 
ical list of voters. 

Oct. 5.— Certificates of nomination for offices to be filled by all the voters of 
the Commonwealth MUST be filed at the office of the Secretary 
of the Commonwealth before 5 P. M* 

Oct. 12. — Nomination papers for nominations of candidates for offices to be 
filled by ail the voters of the Commonwealth MUST be filed at 
the office of the Secretary of the Commonwealth before 5 P. M* 

Oct. 13.— Last day for calling and holding Convention for nomination of 
candidates for offices to be filled at a State Election, other than 
those to be filled by all the voters of the Commonwealth, MUST 
be called and held'before 5 P. M. 

Oct. 12. — Last day for petitioning for the appointment of supervisors of 
elections. 

Oct. 14.— Last day for registration in every city. Upon this day Registrars 
must hold a continuous session from 12 o'clock noon (in Boston 
Election Commissioners, from 9 A. M.) until 10 p. m., when reg- 
istration must cease. 

Oct. 15. — Last day for appointing election officers in towns. 

Oct. 15.— Certificates of nomination for candidates for offices to be filled at 
a State election, other than thos' 1 to be filled by all the voters of 
the Commonwealth, MUST be filed at the office of the Secretary 
of the Commonwealth before 5 P. M* 

Oct. 16.— Nomination papers for nomination of candidates for offices to be 
filled at a State election, other than those to be filled by all the 
voters of the Commonwealth, MUST be filed at the office of the 
Secretary of the Commonwealth, before 5 P. M* 

Oct. 19.— Last day for filing complaint against incorrect and illegal regis- 
tration in cities. 

Oct. 24.— Last day for registration in every town. On this day Registrars 
must hold a continuous session from 12 M. to 10 P. M.. when reg- 
istration mast cease. 

Oct. 29.— Last day for filing complaint against incorrect and illegal regis- 
tration in towns. 

Not. 1. — Last day for filling- vacancies among election officers. 

Nov. 3.— STATE ELECTION. 

* Objections to or withdrawals from nominations must be made within the 
seventy-two hours succeeding 5 oclock of the last day fixed for the filing of 
nomination papers for such offices. 



POLITICAL CALENDAR 

RELATING TO 

CITY ELECTIONS. 



1903. 

Iu Brockton, Fitchburg, Gloucester, Lawrence, Marlborough, New 
Bedford, Vorttiauiptou, Pittsfield, Quincy, Springfield, launton 
and Walt ham, 
Registration of Voters.— " Registrars shall hold such see6ioii6 as the city, 

by ordinance, shall prescribe." 
Nov. 11. — Last day before City election for registration. On this day Beg* 
istrars raubt hold a continuous session from 12 M. to 10 r.M., 
when registration must cease. 
Nov. 16. - Certificates of nomination must he filed with City Clerk before 

5 P. M.* 
Nov. 18. — Nomination papers must be tiled with the City Clerk before D P. H.* 
Dec. 1.- CITY ELECTION. 

In Beverly, Cambridge, Chelsea, Chicopee, Everett, Fall River, Haver- 
hill, Holyoke, Lowell, Lynn, Maiden, Medford, Melrose, Newburj - 
port, Newton, Salem. Sornerville, Woburn and Worcester. 
Registration of Voters. — " Kegisti ars shall bold such sessions as the city, 

by ordinance shall prescribe." 
Nov. 18.— Last day before City election for registration. On tins day Regis- 
trars most hold a continuous session from 12M.tOlO P. M.,when 
registration must cease, t 
Nov. 23.— Certificates of nomination must be filed with the City Clerk before 

5 p. M.*§ 
Nov. 25.— Nomination papers must be tiled with the City Clerk before.". P. m.* 
Dec. 8.-CITY ELECTION. 



IN BOSTON. 

Registration of Voters, Central OfHce. 

Nov. 4 till Nov. 11 inclusive, from 9 to 5. 
Nov. 12 till Nov. 17) 

and [ inclusive, from 9 to 5 and 6 to 10. 

Nov. 20 till Nov. 24 ) 
Nov. 25 continuous session from 9 a. M. to 10 p. M., when registration 

must cease. 
Evening Ward Registration. Nov. 12 to Nov. 17 and Nov. 20 to Nov. J5 

inclusive, 6 to 10 P M. 
Registration for tue City Primary ceases Nov. 12 at 10 P. H, 
No Registration Sundays. 
Nov. 19. — City Primary polls open from 6 A. M. to 4 P. M. 
Nov. 26.— Conventions to nominate candidates for school committee must be 

held on this day. 
Nov. 28.— Certificates of nomination must be filed before 5 r.M. 
Nov. 30.— Nomination papers must be filed before 5 P. M. 
Dec. 1. -Certificate of nomination to fill vacancies caused by withdrawal! 

must be riled before 5 P. M. 
Dec. 15.— CITY ELECTION. 

IN NORTH ADAMS, t Nov. 25. § Nov. 30. || Lee. J. 
CITY ELECTION, Dec. 1"). 

* Objections to nominations or withdrawals from, must be made within the 
seventy-two hours (in Boston forty-eight hours) succeeding 5 o'clock of the 
last day fixed for the filing of nomination papers for such offices 



SUMMARY 

OF THE 

LEGISLATION OF 1903 



RELATING TO 



Listing of Voters in Boston, Assessment, Registration, Caucuses 
and Elections. 



CHAPTER 279. 

An Act relative to the listing and registration of voters in 
the city of boston. 

All the essential provisions of this act are given below. The por- 
tions omitted are either duplications or refer to matters of detail. 



Section i. In Boston the board of police shall, within the first 
seven week days of May in each year, by themselves or their officers, 
visit ever3 r building in said city and after diligent inquiry make true 
lists, arranged by streets, wards and voting precincts and containing, 
as nearly as they can ascertain, the name, age, occupation and resi- 
dence on the first day of May in the current year, and the residence 
on the first day of May in the preceding year, of every male person 
twenty years of age or upwards, residing in said city. They shall 
designate in such lists all buildings used as residences by such 
male persons, in their order on the street where they are located, 
by giving the number or other definite description of each such build- 
ing so that it can be readily identified, and shall place opposite the 
number or other description of each such building the name, age 
and occupation of every such male person residing therein on the 
first day of May in the current year, and his residence on the first 
day of May in the preceding year. They shall also inquire at the 
residences of the women voters whose names are contained in the 
list transmitted to them by the election commissioners under section 



viii SUMMARY 

eight of this act whether such women voters are resident thereat, 
and shall thereupon make true lists of the women voters found, 
by them. 

They shall place in such lists, opposite the name of each such 
male person or woman voter* the name of the inmate, owner or 
occupant of the building, or the name and residence of any other 
person, who gives the information relating to such male person or 
woman voter. Where such information is given by one person 
relating to more than one such male person or woman voter residing 
in one building, ditto marks may be used in such lists under the 
name of the person giving the information, after his name has been 
once placed opposite the name of such male person or woman voter 
first written down as residing in such building. 

The board of police shall, upon the personal application of a listed 
person for the correction of any error in their lists, or whenever 
informed of any such error, make due investigation and, upon proof 
thereof, correct the same on their lists. They shall cause all appli- 
cations and affidavits received by them under this section to be pre- 
served for two years. 

Section 2. The board of police shall, on or before the twelfth 
day of May in each year, transmit to the election commissioners the 
lists, made as provided in the preceding section, or certified copies 
thereof, and shall promptly transmit to the election commissioners 
notice of every addition to and correction in the lists made by them. 
The board of police shall furnish all information in their possession 
necessary to aid the election commissioners in the performance of 
thpir duties. 

Section 3. The board of police shall, on or before the fifteenth 
day of Tune in each year, prepare street lists containing the informa- 
tion concerning such male persons, obtained by them under section 
one of this act. . . . They shall print such lists in pamphlet form. 

Section 4. If a male person resident in Boston on the first day of 
May was not listed by the board of police, he shall, in order to estab- 
lish his right to be listed, appear before the board of police, the 



SUMMARY ix 

superintendent, a deputy superintendent or an inspector of police, 
who are hereby authorized to administer oaths for this purpose, and 
present under oath a statement in writing that he was on said day 
a resident of said city, giving the number on the street or other 
definite description of the building in which he so resided. 

A male person who becomes a resident of said city after the first 
day of May and desires to be listed shall appear before the board of 
police, the superintendent, a deputy superintendent or an inspector 
of police, who are hereby authorized to administer oaths for this 
purpose, and present under oath a statement in writing that he be- 
came a resident of said city at least six months immediately preced- 
ing the election at which he claims the right to vote, giving the 
number on the street or other definite description of the building 
in which he so resided. 

If the board of police are satisfied that such statements are true, 
they shall give such applicant a certificate that he was a resident 
of said city on said first day of May or a certificate that he became a 
resident of said city at least six months immediately preceding such 
election, as the case may be ; but no person shall be listed or be 
given such certificate later than the first day of September. 

Section 5. The board of police shall enter the name and resi- 
dence of each applicant who has been given a certificate, as above 
provided, in a book provided for that purpose, and shall cause to be 
printed in some newspaper published in Boston the name and resi- 
dence of each applicant who has been given such a certificate. 

Section 6. The board of police shall have its office open during 
such hours as shall be necessary to carry out the provisions of the 
' two preceding sections. 

Section 7. Provides that after an applicant has been given a 
certificate the board of police shall make investigation as to his 
residence, etc., and shall make a record of the same which shall be 
open to the public. . They shall also make report to the election 
commissioners for the correction and revision of the registers. 

Section 8. Provides that the election commissioners shall, after 



x SUMMARY 

May first in each year, prepare an annual register of the qualified 
voters. 

Section 9. Every person, male or female, whose name has not 
been entered in the anmial register in accordance with the preceding 
section, must, in order to be registered as a voter, apply in person 
for registration and prove that he is qualified to register. 

Section 10. Every male applicant for registration shall present a 
certificate from the board of police, as provided in section four of 
this act, and the same shall be prima facie evidence of his residence. 

Sections ii — 12 — 13. Prescribe penalties for fraudulent entries, 
refusal or wilful neglect of duty, etc. 

Sections 14 — 15 — 16 — 17 — 18 — 19 — 20. Amend certain sections 
of chapter eleven of the Revised Laws to make the provisions of 
said sections consistent with this act and repeal inconsistent 
provisions. 

RELATING TO ASSESSMENT. 
CHAPTER 430. 

An Act to limit and define the time for assessment of polls 
and estates after may first. 

Be it enacted, etc.. as follows : 

Section i. The first paragraph of section nineteen of chapter 
eleven of the Revised Laws is hereby amended by inserting after the 
word "assessors," in the third line, the words : — before the close of 
registration, — so that said paragraph will read as follows : — Section 
19. If a male person resident in a city or town on the first day 
of May was not assessed for a poll tax, he shall, in order to estab- 
lish his right to assessment, present to the assessors before the close 
of registration a statement under oath that he was on said day a 
resident of such city or town and liable to pay a poll tax therein, 
and a list under oath of his polls and estate; and shall also produce 
before the assessors two witnesses, who shall testify, under oath 
that they are voters of the ward or town in which such person 
desires to be registered and that the statement of the applicant is 
true. 

This act does not apply to Boston. 



SUMMAR V xi 

RELATING TO REGISTRATION. 

All new provisions are printed in italics. 

CHAPTER 474. 

An Act to correct the laws relative to elections. 

Section i. Amends section forty-six of chapter eleven of the 
Revised Laws by striking out the whole of said section and inserting 
in place thereof the following : — Section 46. Every male applicant 
for registration whose name lias not been transmitted to the regis- 
trars as provided in section sixteen shall present a tax bill or notice 
from the collector of taxes, or a certificate from the assessors show- 
ing that he was assessed as a resident of the city or town on the 
preceding first day of May y or a certificate that he became a resident 
therein at least six months preceding the election at which he claims 
the right to vote, and the same shall be prima facie evidence of his 
residence. In Boston every such applicant whose name has not been 
transmitted to the election commissioners as provided by law shall 
present a certificate from the board of police as provided by law 
and the same shall be prima facie evidence of his residence." 

Section 2. Amends section forty-seven of said chapter by strik- 
ing out at the beginning thereof the words "If the qualifications of 
an applicant have not been determined by the registrars within the 
four years preceding his application, the registrar shall examine him 
under oath relative thereto/' and inserting in place thereof the 
words : — "The registrars shall examine under oath an applicant for 
registration relative to his qualifications as a voter." 

Section 3. Amends section fifty-one of said chapter by striking 
out all after the word "not," in the eighth line, and inserting 
in place thereof the words in italics below so as to read as fol- 
lows : — Section 51. The registrars shall, from time to time, revise 
and correct the general register and the current annual register in 
accordance with any facts which may be presented to them. They 
shall strike therefrom the name of every deceased person which 
has been transmitted to them by the city or town clerk or the 
registrar of deaths in accordance with section twenty-three; but after 



xn SUMMARY 

the name of a voter has been placed upon the current annual regis- 
ter, they shall not change the place of residence as given thereon, 
nor, unless the voter has deceased, strike such name therefrom, 
until they have sent him a notice of their intention so to do and that 
he may be heard on a certain day named therein. 

Section 4. Amends section fifty-two of said chapter so as 
make the provisions for the delivery of the "summons" in complaints 
of illegal or incorrect registration more definite. The words in ital- 
ics cover essentially the change made. The paragraph amended 
reads as follows : — 

"Service of the summons shall be made by an officer qualified to 
serve civil or criminal process, not more than fourteen nor less than 
two days before the day named for appearance, by delivering in hand 
a copy of the summons to the person therein summoned, or by leav- 
ing it at ihe place of illegal or incorrect registration, if no later 
residence of such person appears on the register, and in that event 
at such later residence if the officer finds that such person resides 
at such place or later residence, as the case may be. or if he was 
formerly there and has changed his residence, then by leaving it at 
the place to which he has moved, if it is within the officer's juris- 
diction and can be ascertained by inquiry at such place or later 
residence; but if the officer cannot make personal service, and can- 
not ascertain the residence of the person complained of. the copy of 
the summons shall be left at such person's last residence, if any, 
known to the officer within his jurisdiction." 

Section 5. Amends section fifty-three of said chapter by insert- 
ing after the word "register," in the ninth line, the words;— 'If 
they are satisfied that, although he is a qualified voter in the city 
or town, he is illegally or incorrectly registered in a ward or voting 
precinct other than the ward or voting precinct in which he is re- 
quired to be registered as provided in section fourteen, and are 
satisfied as to which ward or voting precinct he is so required to be 
registered in, and as to his place of residence in such ward or voting 
precinct, they shall change his place of residence as given on the 
register accordingly." 



SUMMARY xiii 

RELATING TO CAUCUSES. 

All new provisions are printed in italics. 

Chapter 425. 

An Act to provide for direct nomination of candidates for 

councillor in districts made up only of suffolk 

senatorial districts. 

This act amends chapter five hundred and thirty-seven of the 
acts of nineteen hundred and three by inserting after the word "can- 
didate" in the second line, the words "for the office of councillor in 
districts made up of Suffolk senatorial districts." 

See page 76. 

Chapter 426. 

An Act relative to the nomination and election of aldermen 
in the city of boston. 

"Section i. The aldermen of the city of Boston shall be thirteen 
in number, nominated and elected by and from the citizens at large. 

Section 2. The nominations shall be made in the caucuses 
throughout the city. Every political party making such nominations 
shall nominate eight candidates, and the eight candidates receiving 
the eight highest numbers of votes shall be the candidates of the 
party. . . . 

Section 3. The thirteen candidates receiving at the election the 
thirteen highest numbers of votes shall be elected." 

Chapter 450. 

An Act to provide for direct nomination of candidates for rep- 
resentatives IN CONGRESS IN THE NINTH, TENTH AND ELEVENTH.. 
DISTRICTS. 

This act provides that "every nomination by a political party of 
a candidate for representative in Congress in the ninth, tenth and 
eleventh congressional districts shall be made in caucuses by direct 
plurality vote." 

For act in full see page 82. 



xiv SUMMARY 

Chapter 453. 

An Act relative to returns of caucuses at which are made di- 
rect NOMINATIONS OF CANDIDATES FOR CERTAIN ELECTIVE OFFICES. 

For act in full see page 83. 

Chapter 454. 

An Act to provide for joint caucuses or primaries of all polit- 
ical AND MUNICIPAL PARTIES. 

This act provides that "All caucuses of political and municipal 
parties . . . shall be held at the same time and place as primaries, 
and shall be conducted in general accordance with the provisions of 
law concerning the conduct of elections and the manner of voting 
thereat, except as otherwise provided herein." 

Also that "This act shall take effect in Boston upon its passage. 
In other cities and towns using official ballots the question of its 
acceptance shall be submitted to the voters at the next annual State 
election and the act shall take effect as soon after its acceptance by 
a majority of the voters voting thereon as the provisions of law 
relative to nominations can be complied with." 

For act in full see page 85. 

Chapter 474. 

Section 6. Amends section ninety of chapter eleven of the Re- 
vised Laws "by adding at the end thereof the words : — It shall be 
the duty of the presiding officer at a caucus to open such caucus 
at the hour appointed therefor in the notice thereof, — so as to read 
as follows : — Section 90. Every caucus of a political party shall 
be called by a written or printed notice. Xo caucus or meeting of a 
political party not so called shall be recognized as valid under this 
title. It shall be the duty of the presiding officer at a caucus to 
open such caucus at the hour appointed therefor in the notice 
thereof." 

See Section 90, page 13. 

Section 7. Amends section one hundred and eight of said chap- 
ter by inserting after the word "residences," in the fourteenth line, 
the words : — Such papers for a district composed of more than one 
ward or town shall be signed by a number of voters equal in the 



SUMMARY xv 

aggregate to not less than five voters for each zuard or town in said 
district, — and by striking out the words "No nomination paper offered 
for filing shall be received or be valid unless the written acceptance 
of every candidate thereby nominated shall be filed therewith," in the 
sixteenth, seventeenth and eighteenth lines, and inserting in place 
thereof the words : — No nomination paper shall be valid in respect 
to any candidate whose written acceptance is not thereon." 

See Section 108, page 26. 

Section 8. Amends section one hundred and thirty-seven of 
said chapter by striking out lines one to seven, inclusive, and insert- 
ing in place thereof the words: — Section 137. Candidates for sen- 
ator and member of the state committee for each of the Suffolk 
senatorial districts to be nominated jor elected by a political -party 
shall be nominated or elected by direct vote in caucuses. 

The words stricken out had reference to signatures required for 
nomination papers nominating senators, etc., and were in conflict 
with the provisions of Section 108 as amended by Section 7 of this 
act. 

See Section 137, page 40. 

RELATING TO ELECTIONS. 

Chapter 318. 

An Act relative to the disposition of cases for the violation 
of the election laws. 

This act amends section four hundred and twenty-one of chapter 
eleven of the Revised Laws by adding at the end thereof the words : — 
"A prosecution for the violation of any provision of this chapter 
shall not, unless the -purposes of justice require such disposition, be 
placed on Hie or disposed of except by trial and judgment according 
to the regular course of criminal proceedings," etc. 

See page 76. 

Chapter 368. 

An Act to provide for the appointment of a state board of vot- 
ing MACHINE EXAMINERS. 

That act provides that "There shall be a state board of voting 



xvi SUMMAK Y 

machine examiners consisting of three persons, one of whom shall 
be an expert in patent law, and two shall be mechanical experts . . . 
appointed by the governor . . . for the term of live years." 
For Act in full see page 78. 

Chapter 474. 

Section 9. Amends section two hundred and thirty-one of chap- 
ter eleven of the Revised Laws by striking out all after the word 
"be/' in the third line, and inserting in place thereof the words : — 
marked by an election officer "Spoiled" — so as to read as follows : — 
Section 231. If a voter spoils a ballot, he may obtain two others, 
one at a time, upon returning each spoiled one, and all ballots so 
returned shall immediately be marked by an election officer 
"Spoiled." 

Section 10. Amends section two hundred and thirty-three of said 
chapter by striking out the words "the presiding officer," in the second 
line, and inserting in place thereof the words : — one of the officers 
in charge of the ballot box — so as to read as follows : — Section 233. 
A voter after marking his ballot shall give his name and, if re- 
quested, his residence, to one of the officers in charge of the ballot 
box, who shall distinctly announce the same. 

Section ii. Amends section two hundred and forty-one of said 
chapter by striking out all after the word "the," in the ninth line, 
and inserting the words printed below in italics : 

City and town clerks shall retain in their custody the voting lists 
and ballots not cast as long as they retain the ballots cast. They 
shall then transmit such voting lists to the registrars of voters for 
future reference, and shall destroy the "ballots marked 'Spoiled,' 
without examining them or permitting them to be examined, and 
may make such disposition of the undistributed ballots as they may 
deem proper." 

Section 12. Amends section two hundred and sixty-seven of said 
chapter by striking out the words "swear to and file," in the fifth 
line, and inserting in place thereof the words: — and cause to bs 
Hied, — and by inserting after the word "statement," in the sixth line, 
the words : — sworn to by one of the subscribers. 



REVISED LAWS 



MASSACHUSETTS. 



CHAPTER 11. 

Sections 1- 11 — General Provisions. 

Section 36 Registration of Voters before a Caucus. 

Section 67 Voting Lists for Use at Caucuses. 

Section 8- 69— Election Commissioners in Boston. 

Sections 80- 84— Political Committees. 

Sections 85- 94— Provisions Applying to all Caucuses of Political Parties. 

Sections 95- 99— Provisions Applying to Caucuses of Political Part es except. 

in Boston and in Certain Cities and Towns. 
Sections 99-131— Provisions Applying to Caucuses of Political Parties in 

Boston and Certain Cities and Towns. 
Sections 136-155— Nomination of Candidates, Non ination in Suffolk Senatorial 

Districts, Conventions, etc. 
Sections 156-160— State Ballot Law Commission. 

Section 226 Stamps for Marking Ballots. 

Sections 270-273— Voting Machines and Apparatus. 
Sections 285-306— Corrupt Practices. 

Section 307 Inquest in Caucus, Convention and Election Cafes. 

Sections 366-380— Penalties upon Officers. 
Sections 381-386— Penalties upon Voters. 
Sections 387-421— General Penalties. 



GENERAL PROVISIONS 

Section i. Terms used in this chapter 
and in statutes relative to elections shall be 
construed as follows, unless other meaning 
is clearly apparent from the language or con- 
text, or unless such construction is incon- 
sistent with the manifest intent of the legis- 
lature : 

"Caucus" shall apply to any public meeting 
of the voters of a ward of a city, or of a 
town, or of a representative district held un- 
der the provisions of this chapter for the 
nomination of a candidate for election, for 
the election of a political committee or of 
delegates to a political convention. 

"Caucus officers" shall apply to chairmen, 
wardens, secretaries, clerks and inspectors, 
and, when on duty, to additional officers 
specially elected, or elected to fill a vacancy, 
and taking part in the conduct of caucuses. 

"City election" shall apply to any election 
held in a city for the choice of a city officer 
by the voters whether for a full term or for 
the filling of a vacancy. 

"City officer" shall apply to any person to 
be chosen by the voters at a city election. 

"Elective office" shall apply to any office to 
be filled by the voters at any state, city or 
town election. 

"Official ballot" shall mean a ballot pre- 
pared for any election or caucus by public 
authority and at public expense. 



GENERAL PROVISIONS 

"Political committee" shall apply only to a 
committee elected in pursuance of this 
chapter. 

"Political convention" shall apply only to 
a convention called and held in pursuance of 
this chapter. 

"Political party" shall apply to a party 
which at the preceding annual state election 
polled for governor at least three per cent^ 
of the entire vote cast in the commonwealth 
for that office. 

"Polling place" shall apply to a room or 
place provided by a city or town for an elec- 
tion or caucus. 

"Presiding officer" shall apply to the war- 
den or chairman at a caucus, to the warden, 
chairman of the selectmen, moderator 01 
town clerk in charge of a polling place at an 
election, or to a justice of the peace acting 
as moderator at a town meeting; or, in the 
absence of any such officer, to the deputy 
warden or the clerk or senior inspector or 
senior selectman present who shall have 
charge of a polling place. 

"Registrars" shall mean the board of regis- 
trars of voters of a city or town or the board 
of election commissioners of the city of Bos- 
ton, when applicable. 

"State election" shall apply to any election 
held for the choice of a national, state, dis- 
trict or county officer by the voters, whether 
for a full term or for the filling of a vacancy. 



Terms 
defined. 



Terms 
defined. 



GENERAL PROVISIONS 

"State officer' shall apply to any person to 
be chosen at a state election. 

"Town election" shall apply to any meet- 
ing held for the election of town officers by 
the voters, whether for a full term or for the 
filling of a vacancy. 

"Town elections or meetings at which of- 
ficial ballots are used" shall be construed to 
mean town elections or meetings in towns to 
which section three hundred and 1 sdxty-four 
applies. 

"Town officer" shall apply to any person 
to be chosen at a town meeting. 

"Two leading political parties" shall apply 
to the political parties which cast the highest 
and next highest number of votes for gov- 
ernor at the preceding annual state election. 

"Voter" shall mean a registered male 
voter. 



Period of 

time, how 
computed in 
election laws. 



Sundays and Holidays. 

Sect. 4. In computing the period of time 
prescribed in any statute relating to elections, 
Sundays and holidays shall generally be in- 
cluded; but when the last day of such period 
falls on a Sunday or on a holiday the succeed- 
ing day shall be considered the final day of 
such period; and when the first day of such 
period falls on a Sunday or on a holiday, the 
day preceding shall be considered the first 
day of the period. 



Powers 
and duties 



Election Commissioners. 
Sect. 8. All the powers and duties relating 
to caucuses or elections by law vested in and 



GENERAL PROVISIONS 

imposed upon the mayor and aldermen or 
either of them, the city clerk or the board of 
registrars of voters in cities, excepting the 
power and duty of giving notice of elections, 
and fixing the days and hours of holding the 
same, shall, in the city of Boston, be vested 
in and performed by the board of election 
commissioners of said city, who shall be sub- 
ject to all penalties prescribed for failure to 
perform the said duties. 



vested in 
election 

commissioner! 
of Boston. 



Criminal Prosecutions. 



Sect. ii. If, in a criminal prosecution for 
the violation of any law relating to caucuses 
or elections or matters pertaining thereto, 
the defendant relies upon the invalidity, ir- 
regularity or informality of any caucus or 
election, or upon the failure or neglect of any 
officer or person to do any act in relation to 
any caucus or election or matters pertaining 
thereto, he shall prove such invalidity, ir- 
regularity, informality, failure or neglect; and 
until such proof, the presumption shall be 
that such caucus or election or matters per- 
taining thereto were valid, regular and for- 
mal and that such officer or person acted as 
prescribed by law. The testimony of the 
clerk of the city or town, wherein it is al- 
leged that such election was held, or of the 
presiding officer, secretary or clerk of such 
caucus, that such election or caucus was 
actually held, shall be prima facie evidence 
that the same was regularly and duly held; 
but the validity, regularity or formality of 



Caucus 
etc., to be 

deemed 
regular in 
criminal 
prosecutions. 



Registrars to 
hold one 
session for 
registration 
before a 
caucus. 



Voting lists 
for use at 
caucus to be 
furnished. by- 
Registrars. 



Election com- 
missioners, 
appointment. 



REGISTRATION OF VOTERS 

such caucus or election or matters pertain- 
ing thereto may also be proved in any other 
iegal manner. 

Registration of Voters Before a Caucus. 

~>K.n. 36. The registrars . . shall hold at 
ieast one session at some suitable and con- 
venient place in every city or town on or 
before the Saturday last preceding the first 
caucus preceding the annual state election, 
to give an opportunity to qualified voters to 
register. . . . 

Voting Lists for Use at Caucuses. 

Sect. 67. When a caucus is called the 
registrars shall, on request of the chairman 
of the ward or town committee of the party 
whose caucus is to be held or of the person 
designated to call the caucus to order, furnish 
him for use in the caucus a certified copy of 
the voting list of the town, or of the ward of 
the city for which the caucus is to be held, 
as last published, adding thereto the names 
of voters registered since such publication. 
Election Commissioners. 

Sect. 69. The election department of 
Boston shall be under the charge of a board 
of election commissioners consisting of four 
citizens and voters of Boston who shall be 
appointed by the mayor without confirma- 
tion by the board of aldermen; and chapter 
two hundred and sixty-six of the acts of the 
year eighteen hundred and eighty-five, and 
all other acts relating to departments of 
Boston or the officers and employees thereof, 
not inconsistent herewith, shall be applicable 



To constitute 
the Boston Bal- 
lot Law Com- 
mission, etc. 



REGISTRATION OF VOTERS 

to said department and the officers and em- 
ployees thereof. 

Sect. 72. Said board shall constitute the 
Boston Ballot Law Commission, and shall in 
all matters relating to objections and ques- 
tions arising in the case of nominations of 
candidates for city offices have the powers 
and perform the duties prescribed for the 
ballot law commission of the commonwealth: 
and when sitting as such, the chief justice of 
the municipal court of the city of Boston, or 
in case of his disability the senior justice of 
said court who is not disabled, shall be a 
member of said board and shall preside, but 
shall not vote unless the other commissioners 
are equally divided; and in every other mat- 
ter in which the commissioners are equally 
divided said chief justice shall act with them 
and shall cast the deciding vote. 

POLITICAL COMMITTEES. 

State Committee. 

Sect. 80. Each political party shall annu- state 
ally elect a state committee, the members of {^"elected 
which shall hold office for one year from the annually. 
first day of January next following their 
election and until their successors shall have 
organized. 

Said committee shall consist of at least one 
member from each senatorial district, who 
shall, except in the Suffolk senatorial dis- 
tricts, be elected at the convention held for 
the nomination of a candidate for senator to 
be voted for in said district at the annual 
state election. 



term of office. 



hOTV 

constituted. 



8 

Members 
for 

Suffolk 
Districts. 



when 
organized. 



Organization 
to be filed, etc. 



POLITICAL COMMITTEES 

The members of said committee for the 
Suffolk senatorial districts shall be elected in 
accordance with the provisions of section 
one hundred and thirty-seven. 

The members of the state committee shall, 
in January, meet and organize by the choice 
of a chairman, a secretary, a treasurer and 
such other officers as they may decide to 
elect. 

The secretary of the state committee shall, 
within ten days after such organization, file 
with the secretary of the commonwealth, and 
send to each city and town committee, a list 
of the members of the committee and of its 
officers. 

A vacancy in the office of chairman, secre- 
tary or treasurer of the committee or in the 
membership thereof shall be filled by the 
committee, and a statement of any such 
change shall be filed as in the case of the of- 
ficers first chosen. 



wnnl and 
town 

committees 
be chosen. 



term of office. 



City com- 
mittee, how 
constituted. 



City, Ward and Town Committees. 

Sect. 8i. Each political party shall, in 
every ward and town, annually elect a com- 
mittee to be called a ward or a town com- 
mittee, to consist of not less than three per- 
sons, who shall hold office for one year from 
the first day of January next following their 
election and until their successors shall have 
organized. 

The members of the several ward commit- 
tees of a political party in a city shall con- 
stitute a committee to be called a city com- 
mittee. 



POLITICAL COMMITTEES 

Each town committee shall annually, be- 
tween the first day of January and the first 
day of March, and each ward and city com- 
mittee shall, within thirty days after the be- 
ginning of its term of office, meet, and or- 
ganize by the choice of a chairman, a secre- 
tary, a treasurer and such other officers as it 
may decide to elect. 

The secretary of each city and town com- 
mittee shall, within ten days after its or- 
ganization, file with the secretary of the 
commonwealth, with the city or town clerk, 
and with the secretary of the state committee 
of the political party which it represents, a 
list of the officers and members of the com- 
mittee. 

A vacancy in the office of chairman, secre- 
tary or treasurer of a city, ward, or town 
committee shall be filled by the committee, 
and a vacancy in the membership of. a ward 
or town committee shall be filled by such 
committee, and a statement of any such 
change shall be filed as in the case of the 
officers first chosen. 

Sect. 82. Upon a re-division of a city into 
wards, any political party may in the next 
succeeding calendar year elect its ward com- 
mittees for such terms, not exceeding the 
length of the terms for whicri the former 
committees were chosen, as the city com- 
mittee existing at the time of calling the 
caucuses may determine, and thereafter shall 
elect such committees at the times and for 
the terms prescribed by law. 



Committees 
when and 
how 
organized. 



When and 
with whom 
list of 

members and 
organizations 
to he filed. 



Vacancies 
how filled and 
statement of 
changes filed. 



Election of a 
•ward 

committee in 
a re-division 
of a city into 
-wards. 



10 

City 

committee to 
call caucuses. 



Committees 
existing:, etc., 
to be deemed 
organized. 



As amended 1902, 492. 
Committees 
may make 
rales for their 
conduct, and 
regulations 
for caucuses, 
to determine 
membership, 
etc. 



Independent 
voter not to 
be excluded 
from 
caucuses. 



POLITICAL COMMITTEES 

The caucuses for the choice of such ward 
committees shall be called by the city com- 
mittee in existence at the time, and shall be 
subject to such reasonable notice as said city 
committee shall determine. 

Sect. 83. Committees of any party exist- 
ing at the time when such party at an annual 
state election first polls for governor three 
per cent, of the entire vote cast in the com- 
monwealth for that office shall be deemed to 
be organized under these provisions. 

Rules and Regulations. 

Sect. 84. A state, city or town committee 
may make rules and regulations, not incon- 
sistent with law, for its proceedings and rela- 
tive to caucuses called by it, and may fix the 
number of persons of whom it shall consist, 
which number shall be announced in the call 
for the meeting at which they are to be 
chosen. Each town or city committee may 
make reasonable regulations, not inconsistent 
with law, to determine membership in the 
party, and to restrain persons not entitled to 
vote at caucuses from attendance thereat or 
taking part therein. 

But no political committee shall prevent 
any voter from participating in a caucus of 
its party for the reason that the voter has sup- 
ported an independent candidate for political 
office. 



PROVISIONS APPLYING 



ALL CAUCUSES 



POLITICAL PARTIES. 



12 

Except as 
provided in 
this act no 
caucus 
entitled to 
nominate 
candidates, 
etc. 



In districts of 
more than one 
town or ward. 



Caucuses 
relating to 
state 

conventions 
to he held on 
one day. 



All delegates 
to he chosen 
at one caucu«*. 



ALL CAUCUSES 
Sect. 85. Except, as provided in this 
chapter, no caucus or meeting shall be 
entitled to nominate a candidate for public 
office whose name shall be placed on the 
official ballot, to elect delegates to a political 
convention for the nomination of such candi- 
date, to elect delegates to conventions held 
for the election of delegates to national con- 
ventions for the nomination of candidates for 
president and vice president of the United 
States, or to choose a political committee. 

Sect. 86. No nomination of a candidate 
to be voted for in an electoral district or 
division containing more than one town or 
more than one ward of a city, except a 
nomination for the office of representative in 
the general court and, in the Suffolk sena- 
torial districts, for the office of senator, and 
in Boston for the office of alderman, shall 
be made by a caucus. 

Sect. 87. All caucuses of political parties, 
except for special elections, for the choice of 
delegates to political conventions which nom- 
inate candidates to be voted for at the annual 
ctate election, and for the nomination of can- 
didates to be voted for at such election, shall 
be held throughout the commonwealth on a 
day designated by the state committee of the 
political party for which said caucuses are 
held; and all of said delegates shall be elect- 
ed, and all of said candidates shall be nomi- 
nated, at one caucus. 



ALL CAUCUSES 

Such caucuses shall be held at the call of 
the state committee of the political party 
whose caucuses are to be held, and the chair- 
man and secretary of the state committee of 
each political party, shall at least twenty-one 
days before the date on which the caucuses 
are to be held, forward a copy of the call, 
with designation of date, to the chairman and 
secretary of each city and town committee 
of their party. 

Sect. 88. No two political parties shall 
hold such caucuses on the same day. 

The party first filing with the secretary of 
the commonwealth the copy of the call as 
above provided shall be entitled to preced- 
ence on the days named. 

Sect. 89. Caucuses relative to a special 
election shall be held at such time and place 
and subject to such reasonable notice as the 
political committee whose duty it is to pro- 
vide for holding the same may determine. 
Calls therefor shall be issued by the chairman 
and secretary of said political committee. 

Sect. 90. Every caucus of a political party 
shall be called by a written or printed notice. 
No caucus or meeting of a political party not 
so called shall be recognized as valid under 
this title. It shall be the duty of the presid- 
ing officer at a caucus to open such caucus at 
the hour appointed therefor in the notice 
thereof. 

Sect. 91. Notices for caucuses shall apply 
to all members of the political party calling 
them, and to them only. 



13 

committee 
shall 
designate 
dates 21 days 
before 

caucuses are 
to be beld. 



No two 
parties to 
hold caucuses 
same day. 

Party first 
filing copy of 
call entitled 
to precedence. 

Special 
caucuses. 



No caucus 
valid unless 
called by 
written or 
printed 
notice. 

As amended 
i9°3> 474, 6. 

Caucuses to be 
opened at 
appointed hour. 

To whom 
notices apply. 



14 

Persons 
voting: in 
cancns of one 
party cannot 
vote in that 
of another 

No voter to he 
prevented 
from voting: 
in a cancns if 
lie takes an 
oath. 



Oath. 



Voter may he 
challenged. 



Cannot vote 
until oath is 
taken. 

Record to he 

made. 



Record to he 
prima facie 
evidence. 



Voting: lists to 
he nsed as 
check lists. 



No person to 
vote, etc., 
whose name 
is not on list. 



ALL CAUCUSES 

No person having voted in the caucus of 
one political party shall be entitled to vote or 
take part in the caucus of another political 
party within the ensuing twelve months. 

No voter shall be prevented from voting 
or participating in any caucus if he takes the 
following oath, which shall be administered 
to him by the presiding officer of the caucus: 

You do solemnly swear (or affirm) that you are a 
registered roter In this ward (or town) and have the 
legal right to vote In this caucus; that you are a mem- 
ber of the political party holding the same, and intend 
to vote for its candidates at the polls at the election 
next ensuing; and that you have not taken part or 
voted in the caucus of any other political party for 
twelve months last past. 

Such voter may be challenged like any 
other voter. Any person whose right to vote 
is challenged for any cause recognized by 
law shall not be permitted to vote until he 
has taken the foregoing oath; and the clerk 
or secretary of the caucus shall make a 
record of the administration of said oath to 
every person who takes the same, which 
record shall state whether or not said person 
voted. 

Said record shall be returned with the pro- 
ceedings of said caucus and shall be prima 
facie evidence in any court that such person 
took said oath and voted in said caucus. 

Sect. 92. In balloting, the voting lists fur- 
nished under the provisions of section sixty- 
seven shall be used as check lists and no per- 
son shall be entitled to vote or to take part 
in a caucus whose name does not appear 
upon said lists. 



ALL CAUCUSES 

Sect. 93. The persons receiving the high- 
est number of votes in a caucus shall be de- 
clared elected or nominated. 

If there is a tie vote for delegates, to a 
convention, or a place unfilled in a delega- 
tion, or a vacancy occasioned by inability or 
neglect of a delegate elected to attend a con- 
vention, such vacancies shall be filled only by 
vote of the remaining members of the dele- 
gation at a meeting called for the purpose. 
Such meeting shall choose a chairman and 
secretary, and the secretary shall notify the 
secretary of the convention of the action 
taken relative to such vacancy, except that, 
if only one delegate or two delegates were 
to be elected, the delegate or the remaining 
delegate, as the case may be, shall fill such 
vacancy and notify the secretary of the con- 
vention of such action. 

If there is a tie vote for members of a town 
or ward committee, or for caucus officers, 
the members or caucus officers elected shall 
fill the vacancy. 

If a majority of a delegation of a ward or 
town committee, or of caucus officers is not 
elected, or there is a tie vote for candidates 
for an elective office, the caucus shall at once 
proceed to another ballot, unless some one 
present entitled to vote objects; in which 
case the caucus shall adjourn to any subse- 
quent day. The hour and place shall, if prac- 
ticable, be the same as that named in the call. 



15 



Plurality to 
elect. 



In case of a 
tie or vote or 
vacancy for 
delegates 
to a 
convention. 



"Where only 
one or two 
delegates 
are elected. 



In case of tie 
vote for ward 
committee, or 
cancns 
officers. 



When 
majority Is 
not elected, or 
there is a tie 
vote for 
candidates 
for elective 
office. 



16 

Certificates of 
election to be 
sent to all 
delegates, 
etc., within 
three days 
after caucus 
is held. 



ALL CAUCUSES 

Sect. 94. The presiding officer and secre- 
tary or clerk of each caucus shall within three 
week days after its final adjournment deliver 
or send to each delegate to a political con- 
vention, to each member of a political com- 
mittee, and to each caucus officer a certificate 
of his election, and to each candidate for an 
elective office a notice of his nomination. 



PROVISIONS APPLYING 

TO 

CAUCUSES OF POLITICAL PARTIES 
EXCEPT IN BOSTON 



CITIES AND TOWNS WHICH HAVE ADOPTED THE 
PROVISIONS APPLYING TO BOSTON. 



18 

Polling: 
places be 
provided 
without 
expense. 



As amended 1902, 506. 
Notices of 
caucuses to be 
issued by each 
city and town 
committee 
seven days 
prior to day 
of holding". 



to be posted 

and 

published. 



hour of 
calling: not 
later than 
8 p. m. 



temporary 
chairman. 



CAUCUSES, EXCEPT IN BOSTON, ETC. 

Sect. 95. At least two weeks prior to the 
date on which the caucuses are to be held, 
the chairman or secretary of the city or town 
committee shall notify the aldermen or the 
selectmen respectively of such date, and said 
aldermen or selectmen shall, at the expense 
of the city or town, provide polling places 
for said caucuses, in case of a city, not less 
than one for each ward; and shall, at least 
ten days prior to the date of said caucus, give 
said chairman or secretary notice of the 
places so provided. 

Sect. q6. Notices of caucuses, signed by 
the chairman and secretary, shall be issued 
by each city and town committee not less 
than seven days prior to the day on which 
they are to be held. The notices shall state 
the place where, and the day and hour when, 
the several caucuses are to be held. They 
shall be conspicuously posted in at least five 
places on the highways or streets, and if 
practicable, in every post office in the city or 
town, or shall be published at least twice in 
one or more local newspapers, if there are 
any. The hour fixed for calling the caucus 
to order shall not be later than eight o'clock 
in the evening. The notice shall designate 
by name or office the person who shall call 
such caucus to order, and he shall preside 
until a chairman is chosen. If he is absent at 
the time appointed, any member, of the ward 
or town committee present shall call the cau- 
cus to order and preside until a chairman is 



CAUCUSES, EXCEPT IN BOSTON, ETC. 

chosen. The first business in order shall be 
the choice of a chairman, a secretary and 
such other officers as the meeting may de- 
termine. No person shall serve as a caucus 
officer at any caucus in which he is a candi- 
date for an elective office, or for a nomination 
to an elective office. 

Sect. 97. A ballot shall be taken for the 
choice of any candidate, delegate or member 
of a political committee, to be selected by 
such caucus, and 1 the polls shall be kept open 
at least thirty minutes. 

Sect. 98. The secretary of each caucus 
shall preserve for ten days all ballots cast 
and all voting lists used at the caucus. If 
during said time ten voters entitled to vote 
in said caucus shall file with him a written 
request so to do, he shall preserve said bal- 
lots and voting lists for three months, and 
shall produce the same, if required by any 
court of justice or convention having juris- 
diction or authority over the same. 

If within three week days after any caucus 
a person who has received votes thereat for 
nomination or election to any office, delega- 
tion or political committee shall file a state- 
ment in writing with the secretary of said 
caucus claiming an election or nomination, or 
declaring an intention to contest the election 
or nomination of any other person, the sec- 
retary shall preserve the ballots for such nom- 
ination or office until the claim or contest has 
been finally determined. 



19 



organization 
first In order. 



Ballot to be 
taken. 



polls 

to be open 

thirty 

minutes. 



Secretary of 
cancns to 
keep ballots 
ten days, also 
tbree months 
npon request 
of ten voters. 



notice of 
contest, etc., 
to be made 
within three 
week days. 



20 

chairman and 
secretary of 
caucus to 
recount 
ballots 
within 24 
honrs after 
notice. 



candidate or 
agent niny be 
present. 



CAUCUSES, EXCEPT IN BOSTON, ETC. 

The secretary shall immediately give notice 
in writing *o the persons affected, fixing a 
time within twenty-four hours thereafter and 
a place at which said ballots will be re- 
counted. The chairman and secretary of the 
caucus shall, at said time and place, recount 
said ballots and determine the questions 
raised. Each .candidate affected may be 
present during such recount, or may be rep- 
resented by an agent appointed by him in 
writing. If it shall appear upon a recount 
that persons were nominated or elected other 
than those declared to have been nominated 
or elected, certificates of such change shall 
be made as in the case of the original cer- 
tificate. 



PROVISIONS APPLYING 

TO 

CAUCUSES OF POLITICAL PARTIES 
IN BOSTON 

AND 

CITIES AND TOWNS WHICH HAVE ADOPTED THE 
PROVISIONS APPLYING TO BOSTON. 



For special provisions applying to Boston see Joint 
Caucus Act, Chapter 454, Ads of 1903, Page 81. 



22 

Caucuses in 
Boston and 
cities and 
towns 
wherein a 
political 
party has 
adopted 
sections 99 to 
131 to be held 
as therein 
pro-rided. 



Political 
parties in 
cities and 
towns may- 
adopt special 
provisions of 
said sections. 



CAUCUSES IN BOSTON, ETC. 

Sect. 99. All caucuses of a political party 
in the city of Boston for the election of cau- 
cus officers, of delegates to any political con- 
vention, of a political committee, or of can- 
didates for any state or city election, and all 
such caucuses in any city or town held by a 
political party which has therein adopted this 
and the following thirty-two sections, or the 
corresponding provisions of earlier laws, shall 
be called and held as hereinafter provided. 

Sect. 100. Any city or town committee 
shall, at the written request of fifty voters, 
members of its party, call caucuses of said 
party to determine by ballot whether the 
special provisions of this chapter applying to 
caucuses of political parties in Boston and 
certain cities and towns shall be adopted by 
said 1 political party in the city or town. The 
notice of said caucus shall state the purpose 
for which it is called, the place, the day and 
the hour, not earlier than six o'clock and not 
later than half-past seven o'clock in the even- 
ing, of holding said caucus. It shall be is- 
sued at least seven days prior to the day 
named therefor, and shall be published at 
least twice in one or more local newspapers, 
if there are any, and shall be posted in at 
least five public places in each ward or town. 
The polls shall be kept open at least one 
hour. If said caucuses shall vote to adopt 
said provisions, all caucuses of said political 
party in said city or town shall hereafter be 
called and conducted accordingly. 



"BOSTON ACT" 

Sect. ioi. A political party in a city or 
town which has accepted said special pro- 
visions may, not less than one year after the 
date of the caucus wherein such provisions 
were adopted, revoke such action at a caucus 
called and held in the manner provided in the 
preceding section. Upon the adoption of 
said provisions or upon the revocation of 
such adoption, the secretary of the city or 
town committee of such political party shall, 
within ten days thereafter, file with the sec- 
retary of the commonwealth and with the 
clerk of the city or town and the secretary of 
the state committee of the political party so 
voting, a notice thereof. 

Sect. 102. All such caucuses of a political 
party for the choice of a political committee 
in cities, for the choice of candidates for a 
city or town election, and for the choice of 
delegates to a convention to nominate can- 
didates for such election, except caucuses re- 
lating to a special election, shall be held on 
the same day in each city and town. 

The city or town committee shall fix the 
days for holding all caucuses mentioned in 
this section, and all calls for the same shall 
be issued by its chairman and secretary. 

No two political parties shall hold their 
caucuses on the same day. 

The party first filing a copy of the call 
for a caucus with the city or town clerk, or 
in Boston with the election commissioners, 
shall be entitled to precedence as to the day 
so fixed. 



23 



Acceptance 
may be 
revoked after 
one year. 



Caucuses 
relating- to 
city or town 
elections to 
be held on 
same day. 



city or town 
committees tc 
fix days and 
issne calls. 



No two parties 
to bold 
cancnses 
same day. 

Party first 
filing- copy of 
call entitled 
to precedence. 



24 

In Boston no 
enuens 
relating: to a 
city election 
to l»e called 
earlier than 
seven days 
after annnal 
Ntate election. 



Notices to be 
Issued 

eighteen days 
before 
caucus. 



To state when 
and where 
nomination 
papers shall 
be filed. 



Polling: 
places to be 
provided at 
the expense of 
the city or 
town. 



CAUCUSES IN BOSTON, ETC. 

Sect. 103. In Boston no caucus for the 
choice of candidates or of delegates to a con- 
vention to nominate candidates for a city 
election, except caucuses relating to special 
elections, shall be called for a date earlier 
than seven days after the annual state elec- 
tion. 

Sect. 104. Notices of caucuses in said 
cities or towns shall state the place where 
and the day and hour when nomination 
papers shall be issued; the place where and 
the earliest day and hour when such nomi- 
nation papers may be filed, which time shall 
be not less than twenty-four week-day hours 
succeeding three o'clock of the day fixed 
for issuing such papers; the place where and 
the day and hour prior to which such nomi- 
nation papers shall be filed; and the day on 
which the several caucuses will be held, and 
shall be issued not less than eighteen days 
prior thereto. 

Preparation of Polling Places. 

Sect. 105. At least two weeks prior to the 
day named for a caucus, the chairman or sec- 
retary of the city or town committee shall 
give notice of such date to the aldermen or 
to the selectmen, or in Boston to the election 
commissioners, who shall, at least ten days 
prior to such date, notify the city or town 
committee of the places selected for holding 
the caucuses, and shall, at the expense of the 
city or town, provide polling places, in a city 
not less than one for each ward, and furnish 
them with booths, registering ballot boxes, 



'BOSTON ACT' 



25 



guard rails and the like, as they are arranged 

for state elections. 

If twenty-five voters of a ward or of a u? ™ request 
. . of twenty-five 

town shall request in writing at least twelve voters to be 

days before any caucus of the political party JotSij? In two 
to which they belong, the aldermen or select- lines- 
men shall so arrange the polling place of 
such ward or town as to allow voting to pro- 
ceed in two or more lines at the caucus. 



Notices. 

Sect. 106. At least seven days prior to the 
day named for a caucus, the city or town 
committee shall issue a notice that such cau 
cus will be held, stating the place, the da> 
and the hour of holding the same. The hour 
shall not be earlier than two o'clock in the 
afternoon, nor later than half-past seven 
o'clock in the evening. 

Notices relative to the filing of nomination 
papers or for caucuses shall be published at 
least twice in one or more local: newspapers 
if there are any. 

Nomination Papers Belating to Caucuses. 

Sect. 107. The city or town shall provide, 
and the city or town clerk or election com- 
missioners shall seasonably prepare, for each 
political party, blank nomination papers for 
use in the different wards of the city or in 
the town. Such papers shall state the place 
where, and the day and hour prior to which, 
signed nomination papers shall be filed. 

On the back of each, sections one hundred 
and eight to one hundred and fourteen, in- 
~ 1 ---'— shall be printed, 



A second 
notice to be 
issued seven 
days before 
caucus. 



Hour not to be 
earlier tban 2 
P. M. nor 
later tban 
7.30 P. M. 

Notice to be 
publisbed. 



Blank 

nomination 
papers to be 
provided, etc. 



To state day, 
place and 

time of filing^ 
etc. 



26 

To be 

delivered to 
chairman or 
secretary of 
political com- 
mittee only. 

Nominations 
to be made by 
nomination 
papers. 



Papers to be 
signed by five 
legal voters, 
members of 
the party. 

Signers to add 
residence. 



As amended 
1903, 474, 7- 
In districts of 
more than one 
ward or town. 



Number of 

names 

limited. 



CAUCUSES IN BOSTON, ETC. 

They shall be delivered to the chairman 
or secretary of the political committee for 
whose use they have been prepared, and to 
no other person. 

Sect. 108. Nominations of candidates for 
elective offices, for delegates to a convention, 
for caucus officers, and for a ward or town 
committee to be voted for at a caucus, shall 
be made by nomination papers, as herein- 
after provided. Such nominations shall be 
made on the blank nomination papers pre- 
pared and delivered in accordance with the 
preceding section; and no nomination paper 
offered for filing shall be received or shall 
be valid to which is attached any card, paper 
or other device containing the name of a 
candidate, his written acceptance, or the sig- 
nature of any voter required by this section. 

Such papers shall be signed in person by 
at least five voters of the ward or town in 
which the caucus is to be held, who shall 
be members of the political party holding the 
caucus, and who shall add to their signatures 
the street and number, if any, of their resi- 
dences. 

Such papers for a district composed of 
more than one Avard or town shall be signed 
by a number of voters equal in the aggregate 
to not less than five voters for each ward or 
town in said district. 

Nomination papers shall not contain a 
larger number of names of candidates than 
there are persons to be elected. 



"BOSTON ACT" 

No nomination paper shall be valid in re- 
spect to any candidate whose written accept- 
ance is not thereon. 

No vacancy caused by the death, with- 
drawal or ineligibility of any of the above 
candidates shall be filled in the manner 
provided by law, unless the person entitled 
to fill such vacancy files the written accept- 
ance of the candidate who is nominated to 
fill the vacancy. 

Sect. 109. The nomination paper for an 
elective office shall give the name of the can- 
didate, the street and number, if any, of his 
residence, and may, in not more than eight 
words, state his occupation, the public offices 
he has held, or any other information where- 
by his identity may be established, and his 
qualifications for the office to be filled, or his 
position on any public measure. 

The nomination paper of a candidate for a 
caucus office or for a ward or town commit- 
tee shall state the street and number, if any, 
of his residence. 

There may be added to the name of a per- 
son proposed as a delegate to a convention, 
a statement of not more than eight words 
that he is favorable to, or is pledged to sup- 
port, or to oppose, any person for an office 
to be filled, or is favorable to, or opposed to, 
any public measure, or is uncommitted. 

If, under the provisions of this section, any 
delegate or set of delegates is described on 
a nomination paper as favorable to, or 
pledged to support, any person for an office 
to be filled, such person may, within two 



27 



Paper not valid 
without written 
acceptance of 
candidate. 

As amended 
i9°3> 474, 7- 
Vacancies. 



Information 
relative to a 
candidate for 
an elective 
office may l»e 
given in not 
more than 
eight words. 



Residence of 
can ens 
officers, etc., 
to be given, 



Personal 
preferences of 
candidates 
for delegates 
may he given 
in not more 
than eight 
words. 



28 



Papers to be 
filed with 
secretary ten 
week-days 
previous to 
caucus. 

Time received 
by him to be 

endorsed upon 



To be publicly 
opened and 
announced. 



In case of 
error. 

"The words 'error, 
irregularity or infor- 
mality,' cannot refer to 
anything the absence of 
which another section 
declares: in effect, 
makes the paper in- 
valid " — Decision of 
Judge Lothrop, Dean 
et al vs. Sands, Sept. 



In case of 
non-receipt 
in a city. 



CAUCUSES IN BOSTON, ETC. 

week days of the announcement thereof, file 
with the secretary of the city or town com- 
mittee a written request to have said state- 
ment stricken from the nomination paper, 
and the secretary shall do the same forth 
with, and said nomination paper shall there- 
upon be void and of no effect. 

Sect. no. All nomination papers shall be 
sealed up and filed in the office of the secre- 
tary of the city or town committee not less 
than ten week days previous to the day on 
which the caucus is to be held for which the 
nominations are made, and the secretary shall 
endorse upon them the time at which they 
are received by him. 

They shall not be opened until the time 
for their filing has expired, when the secre- 
tary, at his office, shall publicly open them 
and publicly announce the nominations 
therein made. 

Sect. hi. The secretary of the city or 
town committee shall immediately give no- 
tice to the person filing the nomination 
paper of any error, irregularity or informality 
appearing therein, and such person may, 
within two week days of the time when the 
nomination papers were opened, correct the 
same, or said secretary may make such cor- 
rection. 

Sect. 112. If, in a city, nomination papers 
placing persons in nomination for all the of- 
fices to be filed at a caucus in any ward, 
are not filed, the secretary of the city com- 
mittee shall forthwith notify the chairman or 
secretary of the committee of «urh ward, who 



"BOSTON ACT" 

shall forthwith call a meeting of said com- 
mittee, which may nominate candidates for all 
offices for which nomination papers have not 
been filed, and shall immediately file with the 
secretary of the city committee nomination 
papers signed by all the members of the com- 
mittee who agree to the nominations therein 
made. In case of disagreement two sets of 
such nomination papers may be filed. If, 
at the expiration of two week days after the 
time at which nomination papers were 
opened, proper nomination papers have not 
been filed for all the offices to be filled, or 
upon any vacancy caused by death or other- 
wise, except a withdrawal, the chairman and 
secretary of the city committee may file 
nomination papers for such offices or vacan- 
cies. 

Sect. IT3. If, in a town, nomination 
papers placing persons in nomination for all 
the offices to be filled at a caucus are not 
filed, or upon a vacancy by death or other- 
wise, except a withdrawal, the chairman or 
secretary of the town committee shall forth- 
with call a meeting of said committee, which 
shall have all the powers relative to the nom- 
ination of candidates conferred in the preced- 
ing section upon a ward committee and the 
chairman and secretary of a city committee. 

Sect. 114. A person who is nominated by 
a nomination paper may, within forty-eight 
week day hours succeeding five o'clock of the 
day fixed for opening nomination papers, 
withdraw his name from nomination "by a re- 
quest in writing signed by him with his own 



In case 
nomination 
papers have 
not been filed. 



In case of 
non-receipt 
in a town. 



In case of 
withdrawal 
by person 
nominated. 



30 



Seven week- 
days before a 
caucus, papers 
to be sent to 
city or town 
officials, 
before live 
P. M. 



To correct 
errors, etc. 



City to 
provide 
and officials 
to prepare 
ballots. 



CAUCUSES IN BOSTON, ETC. 

hand and filed with the secretary of the city 
or town committee. Thereupon, the secretary 
shall immediately give notice of such with- 
drawal and of the provisions of this section 
to the person who filed such nomination 
paper, and such person may, within twenty- 
:our week-day hours succeeding five o'clock 
of the last day fixed for making withdrawals, 
present a new name on a nomination paper 
signed by himself with his own hand; other- 
wise the chairman and secretary of the city 
or town committee may file nomination 
papers for the vacancy. 

Sect. 115. Not less than seven week days 
before the day upon which the caucuses are 
to be held and before five o'clock in the after- 
noon of the last day, the secretary of each 
city or town committee shall deliver to the 
city or town clerk, or in Boston to the elec- 
tion commissioners, the nomination papers 
filed with him. 

Sect. 116. If an error or informality is 
found in any nomination paper, it shall be 
forthwith returned to the secretary of the 
committee by whom it was filed, for correc- 
tion; and if it is not corrected and again filed 
before five o'clock in the afternoon of the 
day following its return to said secretary, it 
shall be void. 

Preparation and Form of Ballots. 

Sect. 117. The city or town shall provide 
and the city or town clerk, or in Boston the 
election commissioners, shall prepare ballots 
to be used in caucuses, in accordance with 



"BOSTON ACT" 

the provisions of this chapter, and no other 
ballots shall be received or counted. 

No ballots as herein provided shall be 
printed in any printing establishment owned 
or managed by the city of Boston. 

The chairman and secretary of the city or 
town committee may determine the number 
of ballots to be provided for each ward or 
town, not exceeding one for each voter 
therein. If they fail so to do, the city or 
town clerk, or in Boston the election com- 
missioners, shall determine the number. 

At least six facsimile copies of the ballot, 
printed on colored paper, shall be provided 
for each polling place as specimen ballots. 

Sect. 118. At the top of each ballot shall 
be printed the words "The official ballot of 
(here shall follow the party name)." On the 
back and outside of each ballot when folded 
shall be printed the words "Official ballot of 
the (here shall be inserted the party name)," 
followed by the number of the ward or the 
name of the town for which the ballot is pre- 
pared, the date of the caucus and a facsimile 
of the signature o£ the secretary of the politi- 
cal committee. 

Names of candidates for each elective office 
shall be arranged alphabetically according to 
their surnames. 

Names of candidates for caucus officers, 
for ward or town committees, and for dele- 
gates to conventions shall be arranged in 
groups in the order in which they are filed. 



31 



No others to 
be used. 

No ballots to 
be printed in 
city printing 
office. 



Officers of 

committees 
may 

determine 
nnmber of 
ballots. 

In case of 
failure. 



Facsimile 
copies for 
each polling 
place. 



Form of 
ballot. 



Certain words, 
etc., to be 
printed on 
front and 
back. 



Arrangement 
of names on 
ballot. 



candidates for 

delegates and 

committees 

to be 

grouped 

in order 

of filing. 



32 

Residence of 
candidate, 
except for 
delegate, to 
be printed. 



Information 
about 
candidates 
to be printed. 



Only names 
duly 

nominated 
to be printed. 

Blank spaces 
for inserting 
otber names 
to be provided. 



Number to be 
voted for to 
be stated. 



A siar <*) 
indicates a 
candidate for 
re-election. 
Form and ar- 
rangement of 
ballots same 
in general as 
at state 
elections. 



A cross (X) 
against a 
name consti- 
tutes a vote. 

A cross at head 
of gronp of 
candidates to 
count as vote 
for each, 



CAUCUSES IN BOSTON, ETC. 

Against the name of a candidate for a cau- 
cus office, for an elective office, or for a ward 
or town committee, shall be printed the street 
and number, if any, of his residence. 

Against the name of a candidate for an 
elective office or for a political convention 
shall be printed the statement contained in 
the nomination paper placing him in nomi- 
nation. 

No names shall be printed on a ballot 
other than those presented on nomination 
papers. 

Immediately following the names of candi- 
dates, blank spaces equal to the number of 
persons to be chosen shall be provided for 
the insertion of other names. 

The number of persons to be voted for for 
the different offices shall be stated on the 
ballot. 

A star (*) against a name shall indicate 
that a person is a candidate for re-election. 

The form of ballots and the arrangement 
of printed matter thereon shall be in general 
the same as that of the official state ballots, 
except as herein otherwise provided. 

Manner of Voting. 

Sect. 119. A cross (X) marked against 
a name shall constitute a vote for the person 
so designated. 

A cross in the circle at the head of an en- 
tire group of candidates for delegates to a 
convention shall count as a vote for each 
candidate therein. 



"BOSTON ACT" 

A voter may vote for one or more candi- 
dates in any such group by marking a cross 
against the name of each such candidate, or 
he may insert another name and mark a cross 
against it. 

If he votes for more candidates than the 
number to be elected, his vote shall not be 
counted. 

Delivery of Ballots, Etc. 

Sect. 120. The city or town clerk, or in 
Boston the election commissioners, before 
the opening of the polls on the day of the 
caucus, shall, at the expense of the city or 
town, prepare and deliver at the polling place 
to the warden or, if he is not present, to the 
clerk or, if both are absent, then to any in- 
spector, ballot boxes, the ballots, specimen 
ballots, voting lists, suitable blank forms, and 
apparatus for canvassing and counting the 
ballots and making the returns, a seal of suit- 
able device, and a record book for each 
polling place. 

The presiding officer at each polling place 
shall, before the opening of the caucus, 
conspicuously post in such polling place at 
least six specimen ballots, which shall be 
kept so posted until the polls are closed. 



33 

Candidates 
may be voted 
for singly or 
other names 
inserted. 



If more names 
are marked 
than candi- 
dates, vote not 
to be counted. 



City or town 
officials to 
deliver 
ballots, 
voting: list, 
etc., at polling: 
place. 



Blanks, seals, 
and record 
book, etc., to 
be furnished. 



Six specimen 
ballots to be 
posted in 
polling: place. 



Conduct of Caucuses. 

Sect. 121. Caucuses, except as herein caucuses to be 
otherwise provided, shall be held in general | e n2rai C as *at 
accordance with the provisions of law for elections. 
the conduct of elections and the manner of 
voting thereat. 



34 



Order of 
business. 



Balloting: till 
8.30 P. M. 
unless time is 
extended. 

Voters in line 
must be 
allowed to 
vote. 



If right of 
person to -rote 

is challenged 
proceedings 
as at general 
elections. 



No officer to 
give 

information 
in regard to a 
ballot cast. 



Ballots not to 

be counted 

till polls are 

closed. 

In full view of 

voters. 



CAUCUSES IN BOSTON, ETC. 

Sect. 122. The order of business shall be 
as follows: 

First. Any necessary preliminary business. 

Second. Balloting until half-past eight 
o'clock in the evening, when the polls shall 
be closed unless the caucus shall vote to keep 
them open until a later hour; but every voter 
waiting in line at the hour for closing the 
polls shall be allowed to vote. 

Third. After the polls have been closed, 
any other business which is properly before 
the caucus. 

Sect. 123. If the right of a person offering 
to vote is challenged for any legal cause, the 
presiding officer shall require him, or some 
one in his behalf, to write his name and resi- 
dence on the outside of the ballot offered, 
and before it is received the presiding officer 
shall add thereto the name of the person chal- 
lenging and the cause alleged for the chal- 
lenge; but no caucus officer shall receive any 
ballot which by law he is required to refuse. 
No officer, or other person shall give any 
information in regard to a ballot cast by a 
challenged voter unless required by law so to 
do. 

Counting of Ballots. ' 

Sect. 124. Immediately after the polls 
have been declared closed, but not before, 
the ballots shall be counted in full view of 
the voters. 

When they have been counted and the re- 
sult has been ascertained, the presiding of- 



"BOSTON ACT" 

ficer shall make public announcement thereof 
in open meeting, and the clerk shall, in open 
meeting, enter in words at length in the rec- 
ord book, the total number of names 
checked on the voting list, the total number 
of ballots cast, the names of all persons 
voted for, the number of votes for each per- 
son, and the title of the delegation or office 
for which he was a candidate. 

The clerk shall forthwith make a copy of 
said record, certify and seal the same, and 
transmit it to the city or town clerk, or in 
Boston to the election commissioners. He 
shall then, before the adjournment of the 
caucus, and in the presence of those who 
counted the same, seal up all ballots cast, 
with the voting lists used, and a statement 
of any challenge which may have been made. 

The warden and clerk shall endorse upon 
such package the name of the political party 
holding the caucus, its date, its purpose, and, 
if in a city, for what ward the ballots were 
cast. The warden shall forthwith transmit, 
by the officer detailed to attend the caucus, 
to the city or town clerk, or in Boston to the 
election commissioners, the ballots cast, the 
voting lists, the ballot boxes, the ballot box 
seals, the counting apparatus, the copy of the 
records, and the record book. 

The city or town clerk or election commis- 
sioners shall safety keep such sealed packages 
for ten days. If within said time ten voters 
entitled to vote in said caucus file with them 
a written request so to do, they shall pre- 



35 



Result to 
be publicly 
announced. 



Record of 
result to be 
made and sent 
to election 

commissioners, 

Before 

adjournment 
cleric to seal 
np all ballots, 
check: lists, 
etc. 



To make 
indorsement 
of certain 
facts on tbe 
sealed 
package. 

Warden to 
transmit 

package. 



Officials to 
keep all 
sealed 

packages for 
ten days or 
npon request 
three months, 
etc. 



36 



In Boston 
election com- 
missioners to 
fnrnish a copy 
of voting list 
nsed at a 
can ens. 



Request for 
recount mnst 
be made 
before 5 P. M. 
of second day- 
after caucus, 
by ten or more 
voters. 



Notice to be 
given of place 
and time of 
recount. 



CAUCUSES IN BOSTON, ETC. 

serve said ballots and voting lists for three 
months and shall produce them if required 
by any court or convention having jurisdic- 
tion or authority over the same. 

Sect. 125. The city or town clerk, and in 
Boston the election commissioners, upon 
written application, signed by at least ten 
voters of a ward or town, for a copy of the 
list as checked, may open the envelope con- 
taining the voting list used at any caucus in 
such ward or town and shall furnish to them 
a certified copy thereof as checked. 

Recount of Ballots. 
Sect. 126. If before five o'clock in the 
afternoon of the second day next succeeding 
the day of any caucus ten or more voters 
of any town or ward shall sign, adding 
thereto their respective residences on the 
first day of May of that year, and file with 
the city or town clerk, or in Boston with the 
election commissioners, a statement under 
oath that the records and returns made by 
the caucus officers of such town or ward are 
erroneous, specifying the error, or that chal- 
lenged votes were cast by persons not en- 
titled to vote therein, said city or town clerk , 
shall forthwith transmit such statement to 
the registrars of voters with the sealed pack- 
ages containing the ballots and voting lists, 
and said registrars or election commissioners 
shall give notice in writing to the person af- 
fected, fixing a place and time, as early as 
may be, at which said ballots will be re- 



" BOSTON ACT " 37 

counted and at such place and time shall 
open the packages containing the ballots 
and voting lists and recount said ballots and 
determine the questions raised, and shall re- 
ject any challenged vote cast by a person 
found not to have been entitled to vote; and 
such recount shall stand as the true result 

of the vote cast in such caucus. Each candi- Candidate or 

agent may be 

date affected may be present during such re- present. 
count, or may be represented by an agent 
appointed by him in writing. If it shall ap- 
pear upon a recount that persons were nomi- 
nated or elected other than those declared 
to have been nominated or elected, certifi- 
cates of such change shall be made as in the 
case of the original certificate. 

Caucus Officers. 
Sect. 127. At the caucus held for the chosen 
choice of delegates to the state convention annnal *• 
there shall be chosen annually a warden, a 

clerk, and at least five inspectors, and, in 

, , . ., (. . . Names and. 

wards having more than five precincts, such nnmber. 

additional inspectors as the city committee 

of the political party whose caucuses are to 

be held may determine. 

They shall be voters of the ward or town Qnaiification. 

in which they are elected and members of 

the political party whose caucus is to be 

held. 

No person shall be eligible to the posi- Certain 

. , ii--. . . persons not 

tion of warden or clerk or inspector who is eligible. 

a state, county or city employee, or who is 

a member of a ward or town committee, and 



38 



Term of office. 



To be sworn. 



Record to be 

made. 



Duties same in 
general as re- 
quired of elec- 
tion officers. 



Special 
provisions 
for additional 
officers. 



CAUCUSES IN BOSTON, ETC. 

no person shall serve as a caucus officer at 
any caucus wherein he is a candidate for a 
nomination to an elective office, or for ward 
or town committee. 

Every caucus officer shall hold office for 
one year, beginning with the first day of Oc- 
tober succeeding his election, and until his 
successor is elected. 

He shall, before entering upon the perform- 
ance of his duties, be sworn to the faithful 
performance thereof by the warden, clerk, or 
a justice of the peace, and a record of such 
oath shall be made upon the record book of 
such caucus. 

The respective duties of caucus officers 
shall be in general the same as are required 
of election officers at elections. 

Sect. 128. If prior to the third day pre- 
ceding a caucus of a political party in the 
city of Boston fifty voters entitled to partici- 
pate therein petition the board of election 
commissioners of Boston for additional cau- 
cus officers, said board shall provide addi- 
tional officers for said caucus in the following 
manner: every elective candidate and every 
person filing a nomination paper for a dele- 
gation may present to said board the names 
of not exceeding four persons. From these 
names said board shall, in the presence of 
those presenting said names, draw the names 
of five persons who shall be admitted behind 
the guard rail during the caucus, shall be au- 
thorized to supervise the checking of names 



"BOSTON ACT" 

and the conduct of the caucus in general, 
and may witness the count at the close of the 
caucus. 

Sect. 129. A majority of the caucus of- 
ficers present at a caucus, may fill temporary 
vacancies and elect additional officers to 
serve in that caucus only. Such temporary 
officers shall be duly sworn. 

Permanent vacancies shall be filled by a 
majority vote of all the caucus officers. 

Sect. 130. A city or town committee of a 
political party adopting the special provis- 
ions of this chapter applying to caucuses in 
Boston and certain cities and towns shall, at 
least ten days before holding any caucus 
thereunder, appoint caucus officers in each 
ward or town to serve at the first caucus to 
be held thereafter. 

Sect. 131. In a newly incorporated city, 
or upon a re-division into wards of a city to 
which the provisions of said sections apply, 
the caucus officers to serve in the caucuses 
held in the next succeeding year shall be ap- 
pointed by the city committee; and at such 
caucuses the regular caucus officers shall be 
chosen. 



Temporary 
vacancies. 

Temporary- 
officers. 

To be sworn, 

Permanent 
vacancies to 
be filled by 

remaining 
officers. 



In a newly 
incorporated 
city or npon 
re-division of 
a city into 
wards. 



For provisions applying to caucuses OTHER THAN 
THOSE OF POLITICAL PARTIES see Sections 132-135, 
Revised Laws, Chapter 11. 



For " An Act Relative to Municipal Parties in the City of 
Cambridge," see Acts of 1902, Chapter 529. 



40 

Nominations 
by cancus and 
convention. 



Special 
provisions. 



NOMINATION OF CANDIDATES 

Sect. 136. A convention of delegates or 
a caucus held in accordance with the pro- 
visions of this chapter for the commonwealth, 
or for a district, county, city, town or ward 
may make one nomination for each office to 
be filled at an election therein, and shall be 
entitled to have the names of its candidates 
placed upon the official ballot upon filing a 
certificate of nomination as hereinafter pro- 
vided. 

A party may make a nomination for an of- 
fice to* be filled by election in the common- 
wealth, or in any district, county, city, town 
or ward, when at the five preceding annual 
elections it polled in the commonwealth, or 
in such district, county, city, town or ward, 
respectively, a number of votes for governor 
equal to the votes required to nominate by 
nomination papers a candidate for the office 
so to be filled. 



As amended 1903, 
474, 8. 

Nomination 
papers to be 
signed by 
five regis- 
tered voters, 
members of 
tbe party of 
each ward 
and town in 
the district. 



Belative to the Nomination and Election 
of Senators and Members of State 
Committees in the Suffolk Sena- 
torial Districts. 

Sect. 137. Candidates for senator and 
member of the state committee for each of 
the Suffolk senatorial districts to be nomi- 
nated or elected by direct plurality vote 
in caucuses of the party held in every 
such ward and town, and the person who 
in the aggregate of all the ballots cast 
at all such caucuses in each district for 
such candidate for senator shall receive the 



NOMINATIONS IN SUFFOLK DISTRICTS 

highest number of such votes shall be the 
candidate nominated, and the person who in 
the aggregate of all the ballots cast at all 
such caucuses in each district for such mem- 
ber shall receive the highest number of such 
votes shall be the member elected. 

The nomination paper of a candidate for 
member of a state committee shall state the 
street and number, if any, of his residence, 
and against the name of such candidate shall 
be printed on the ballot the street and num- 
ber, if any, of his residence. 

Sect. 138. All such ballots, except those 
cast in the city of Chelsea, in the towns of 
Revere and Winthrop and in ward three in 
the city of Cambridge, and returns of the re- 
sults of such ballots cast in all said districts, 
except as aforesaid, shall forthwith be returned 
to the election commissioners of the city of 
Boston, as ballots cast in elections in said 
city and returns relative thereto are returned; 
and the clerks of the several caucuses in the 
city of Chelsea, in the towns of Revere and 
Winthrop and in ward three in the city of 
Cambridge shall make returns of the results 
of such ballots cast in said city, towns and 
ward, to the city and town clerks of their re- 
spective cities and towns on or before twelve 
o'clock noon, of the day following the last 
day fixed by law for filing a petition for a re- 
count of ballots, if no such petition has been 



41 



Senators to be 
nominated 
and member 
of state com- 
mittee to be 
elected by di- 
rect plurality 
vote. 



Nomination 
paper and bal- 
lot to state 
residence. 



Return of 
votes, to whom 
made and 

when. 



42 



Canvassing 
boards to 
determine 
results. 



How consti- 
tuted. 



Time and place 
of meeting. 



Shall certify 
to facts and 
fil« certifi- 
cates. 



NOMINATIONS IN SUFFOLK DISTRICTS 

filed, or, if such petition has been filed, on or 
before twelve o'clock, noon, of the day fol- 
lowing the day upon which the ballots have 
been recounted and the results finally deter- 
mined. For the purpose of tabulating and 
determining the results of all such ballots and 
returns in the several Suffolk districts the 
chairman of the election commissioners of 
the city of Boston, the city clerk of the city 
of Chelsea, and the town clerks of the towns 
of Revere and Winthrop, shall constitute a 
canvassing board for the first district; the 
election commissioners of the city of Boston 
and the city clerk of the city of Cambridge 
shall constitute such board for the second 
district; and the election commissioners of 
the city of Boston shall constitute such 
board for the remaining districts. Said can- 
vassing boards shall meet for such purpose 
at the office of the election commissioners in 
Boston at ten o'clock in the forenoon of the 
Monday preceding the day on which certifi- 
cates of nomination for senator are required 
by law to be filed with the secretary of the 
commonwealth. Said canvassing boards shall 
tabulate and determine the results of all such 
ballots and returns, and each canvassing 
board shall certify to the facts required by 
law in certificates of nomination for senator, 
and shall file such certificates with the sec- 



NOMINATIONS— CONVENTIONS 

retary of the commonwealth on or before 
the Thursday provided by law for filing such 
certificates of nomination, shall furnish to 
the members elected as aforesaid certificates 
of their election, and shall send to the secre- 
tary of the state committee of each political 
party holding such caucuses the names and 
residences of such members. The secretary 
of the commonwealth shall place on the of- 
ficial ballots to be used at state elections the 
names of all candidates for senator nominat- 
ed as aforesaid. 

Sect. 139. All provisions of law relative to 
the preparation of nomination papers and 
ballots, to caucuses and elections, to ballots 
cast at caucuses and elections, to recounts of 
such ballots, and to certificates of nomination 
of candidates for senator, shall, so far as they 
are applicable and not inconsistent with the 
provisions of the two preceding sections, 
apply to the caucuses therein named, the bal- 
lots cast thereat, the returns relative to such 
ballots, the recounts of such ballots, and the 
certificates of nomination made as aforesaid. 

Conventions. 
Sect. 140. No convention to nominate 
candidates for any state or city office shall 
be called for or held on a date earlier than 
four days after the holding of the caucuses 
for the choice of delegates thereto, and all 
such conventions shall be called for and held 



43 



Secretary of 

Common- 
wealth to 
place names 
of senators 
nominated 
on ballots. 

All provisions 
of law relat- 
ing 1 to nom- 
ination papers, 
ballots, 
caucuses, etc., 
to apply. 



No convention 
to be called, 
or beld 
earlier than 
fonr days 
after a cancns. 



44 



represent- 
ative 

conventions 
not to be 
called, or held 
earlier than a 
certain date. 



Nominations 
in a conven- 
tion (except 
state) to be 
made by roll 
call by vote of 
one-fonrtb of 
tbe delegates. 



Majority of 
votes required. 



CONVENTIONS— CERTIFICATES 
on a date not later than forty-eight hours 
prior to the hour for filing certificates of 
nomination as provided in section one hun- 
dred and forty-eight. 

No representative convention shall be 
called for or held on a date earlier than 
seven days after the date designated for hold- 
ing caucuses by the state committee of the 
political party whose representative conven- 
tion is to be held. 

Sect. 141. At a political convention not 
held for the nomination of candidates for any 
offices to be filled by all the voters of the 
commonwealth, by vote of one fourth of the 
delegates present the nomination of any 
candidate shall be made by roll call in the 
following manner: the secretary of the con- 
vention shall call the roll of the towns and 
cities in alphabetical order or of wards in a 
city in numerical order, and each delegate 
shall, as his name is called, state in the hear- 
ing of the convention the name of the candi- 
date for whom he desires to vote, and the 
person receiving a majority of votes on such 
roll call shall be the candidate of the conven- 



Certiflcates of 
nomination 
to state 
certain facts. 



Oatb of 
officers. 



Sect. 142. Every certificate of nomination 
shall state such facts as are required by sec- 
tion one hundred and forty-six and shall be 
signed by the presiding officer and by the 
secretary of the convention or caucus, who 
shall add to their signatures their residences, 
and shall make oath to the truth thereof. 



NOMINATION PAPERS 

The secretary of the convention or caucus 
shall within the seventy-two hours succeed- 
ing five o'clock in the afternoon of the day 
upon which the convention or caucus was 
held and within the time specified in section 
one hundred and forty-eight, file such certifi- 
cate as hereinafter provided. 

Nomination Papers Relating to Elections. 

Sect. 143. Nominations of candidates for 
any offices to be filled by all the voters of the 
commonwealth may be made by nomination 
papers, stating the facts required by section 
one hundred and forty-six, and signed in the 
aggregate by not less than one thousand 
voters for each candidate. 

Nominations of all other candidates for of- 
fices to be filled at a state election, and of all 
candidates for offices to be filled at a city 
election, may be made by like nomination 
papers, signed in the aggregate, for each can- 
didate, by one voter for every one hundred 
votes cast for governor at the preceding 
annual state election in the electoral district 
or division for which the officers are to be 
elected, but in no case by less than fifty 
qualified voters. 

Nomination of candidates for offices to be 
filled at a town election may be made by 
nomination papers, signed' by at least one 
voter for every fifty votes polled for gov- 
ernor at the preceding annual state election 
in such town, but in no case by less than 
twenty voters. 



45 



Secretary to 
file certificate 
within 72 
hours. 



1,000 sigrna- 
turei to be on 
nomination 
papers for 
officers voted 
for by all 
voters. 



Other state 
and city 
officers, one 
for every 100 
votes cast in 
district at 
annual 
election, bnt 
not less than 
50. 



town 

elections, one 
for every 50, 
etc., bnt not 
less than 20. 



46 

Special 
provisions in 
newly estab- 
lished wards. 



Voter's 

signature, 
residence, 

number of 

nominations, 
etc. 



Women may 
sign papers 
for school 
committee. 

Nomination 
papers, 
registrar's 
certificate, etc. 



NOMINATION PAPERS 

At a first election to be held in a newly 
established ward of a city, the number of 
voters upon a nomination paper of a candi- 
date who is to be voted for only in such 
ward need not exceed fifty; and at a first 
election in a town the number for the nomi- 
nation of a candidate who is to be voted for 
only in such town need not exceed twenty. 

Sect. 144. Every voter who signs a nomi- 
nation paper shall sign it in person, with 
his full surname, his Christian name and the 
initial of every other name which he may 
have, and shall add his residence, with the 
street and number thereof, if any, to his 
signature; but any voter who is prevented by 
a physical disability from writing or who had 
the right to vote on the first day of May in 
the year eighteen hundred and fifty-seven, 
may authorize some person to write his name 
and residence in his presence; and every 
voter may sign as many nomination papers 
for each office to be filled as there are per- 
sons to be elected thereto, and no more. 

Women who are qualified to vote may sign 
nomination papers for candidates for the 
school committee. 

Every nomination paper shall, before being ' 
filed, be seasonably submitted to the regis- 
trars of the city or town in which the signers 
appear to be voters, and in Boston to the 
election commissioners, who shall forthwith 
certify thereon the number of signatures 
which are names of voters both in the city 



NOMINATION PAPERS 

or town and in the district or division for 
which the nomination is made. They 
need not certify a greater number of 
names than are required to make a nomina- 
tion, with one-fifth of such number added 
thereto. Names not certified in the first in- 
stance shall not thereafter be certified on the 
same nomination papers. The secretary of 
the commonwealth shall not be required in 
any case to file nomination papers for a candi- 
date after filing such papers containing a 
sufficient number of certified names to make 
a nomination, with one-fifth of such number 
added thereto. One of the signers to each 
nomination paper shall make oath to the 
truth of the statements therein, and the certi- 
fication of such oath and the post office ad- 
dress of the signer shall be annexed to such 
paper. 

Sect. 145. A notary public, justice of the 
peace or other magistrate, when taking the 
oath of a signer of a nomination paper, shall 
satisfy himself that the person to whom the 
oath is administered is the person signing 
such nomination paper, and shall so state in 
his attestation of said oath. 

Certificates of Nomination and Nomina- 
tion Papers. 

Sect. 146. All certificates of nomination 
and nomination papers shall, in addition to 
the names of candidates, specify as to each: 
(1) his residence with street and number 
thereof, if any; (2) the office for which he is 



47 



Oath of 
signer, etc. 



Duties of 
notaries, etc., 
when taking? 
signer's oath. 



Contents of 
certificates 
and papers. 



48 



Candidates 
other than 
those of a 
political 
party. 



CERTIFICATES OF NOMINATION 

nominated; and (3), except as hereinafter 
provided, the party or political principle 
which he represents, expressed in not more 
than three words. Certificates of nomination 
shall also state what provision, if any, was 
made by the caucus or convention for filling 
vacancies caused by the death, withdrawal or 
ineligibility of candidates. The names of the 
candidates for president and vice-president 
of the United States may be added to the 
party or political designation of the candi- 
dates for presidential electors. To the name 
of each candidate for the office of alderman 
at large shall be added the number of the 
ward in which he resides. 

If a candidate is nominated otherwise than 
by a political party, the name of a political 
party shall not be used in his political desig- 
nation, except as describing and preceding 
some other name or term, which shall not be 
the name of any party which cast at the last 
preceding election more than three thousand 
votes for governor; and if so used in case of 
a candidate nominated by a nomination 
paper, the political designation shall consist 
of not more than two words, shall not be 
changed after having been placed upon the 
paper, and to it shall be added the words 
"nomination paper," or, as abbreviated, 
"nom. paper." Certificates of nomination 
and nomination papers for town offices may 
or may not include a designation of the party 
or principle which the candidate represents. 



CERTIFICATES OF NOMINATION 

Sect. 147. Certificates of nomination and 
nomination papers for state offices shall be 
filed with the secretary of the common- 
wealth; and for city and town offices with 
the city or town clerk; and in Boston with 
the election commissioners. 

Every nomination paper shall be filed by 
a responsible person, who shall with his own 
hand sign such paper and add to his signa- 
ture his place of residence, giving street and 
number, if any; and the secretary of the 
commonwealth or the city or town clerk, 
or, in Boston, the election commissioners, 
shall require a satisfactory identification of 
such person. 

No nomination paper shall be received 01 
be valid unless the written acceptance of the 
candidate thereby nominated shall be filed 
therewith. 

Sect. 148. Certificates of nomination for 
offices to be filled by all the voters of the 
commonwealth shall be filed on or before the 
fifth Monday, and nomination papers on or 
before the fourth Monday, preceding the day 
of the election. Certificates of nomination for 
all other candidates for office, to be filled at a 
state election shall be filed on or before the 
third Thursday, and nomination papers, on or 
before the third Friday, preceding the day 
of the election; but if there is a special 
election to fill any state office, certifi- 
cates of nomination shall be filed on or be- 
fore the twelfth day, and nomination papers, 



49 



Nomination 
papers, with 
whom to 
he filed. 



To he filed hy 
responsible 
persons, etc. 



Written 
acceptance of 
candidate to 
he filed with 
paper. 

Last days for 
filing papers 
for state 
offices. 



50 



In cities, 
except Boston, 



in Boston for 
city offices. 



in towns for 
town offices. 



special 
provisions. 



Papers to be 
filed before 
S P. M. of 
last day. 



CERTIFICATES OF NOMINATION 

on or before the eleventh day, preceding the 
day of such election. 

In cities, except Boston, certificates of 
nomination for city offices shall be filed on 
or before the third Monday, and'nomination 
papers, on or before the second Wednesday, 
preceding the day of the election. 

In Boston certificates of nomination for 
city offices shall be filed on or before the 
third Friday, and nomination papers, on or 
before the third Saturday, preceding the day 
of the election. 

In towns, certificates of nomination for 
town offices shall be filed on or before the 
second Saturday, and nomination papers, on 
or before the Monday, preceding the day of 
the election; but if such Saturday falls on a 
legal holiday, said certificates of nomination 
shall be filed on or before the preceding day, 
and if such Monday falls on a legal holiday, 
said nomination papers shall be filed on or 
before the succeeding day; but if a town elec- 
tion is held on a day of the week other than 
Monday, such certificates of nomination and 
nomination papers shall be filed respectively 
on or before the ninth and seventh days pre- 
ceding the day of the election. 

Certificates of nomination and nomination 
papers shall be filed before five o'clock in the 
afternoon of the last day fixed for the filing 
thereof. 

Sect. 149. When certificates of nomina- 
tion and nomination papers have been filed, 



OBJECTIONS TO NOMINATIONS, ETC. 

and are in apparent conformity with law, they 
shall be valid unless objections thereto are 
made in writing. 

Such objections to nominations of candi- 
dates for state offices and city offices shall bt 
filed with the secretary of the commonwealth 
or the city clerk, or in Boston the election 
commissioners, respectively, within the 
seventy-two hours succeeding five o'clock of 
the last day fixed for the filing of nomination 
papers for such office. 

Such objections to nominations of candi- 
dates for town offices shall be filed with the 
tcwn clerk within the twenty-four hours suc- 
ceeding five o'clock of the last day fixed for 
the filing of nomination papers for such 
office. 

Sect. 150. Objections to certificates of 
nomination and nomination papers for state 
offices, and all other questions relating there- 
to, shall be considered by the state ballot law 
commission; to nominations for city offices, 
except in Boston, by the board of registrars, 
the city clerk and the city solicitor; in 
Boston, by the ballot law commission of said 
city; and to nominations for town offices, by 
the board of registrars. 

The boards constituted in cities and towns 
may, at hearings on such objections and 
questions, summon witnesses, administer 
oaths, and require the production of books 
and papers. Such witnesses shall be sum- 
moned in the same manner, be paid the same 
fees, and be subject to the same penalties for 



51 

Nominations 
valid unless 
objected to, etc. 



Consideration 
of objections. 



when filed. 



Objections to 
certificate, etc., 
by whom 
considered. 



Proceedings, 



52 



Candidates 
and 

committees 
to be notified. 



"When several 
candidates 
have same 
designation. 



Withdrawals. 



Vacancies. 



NOMINATIONS OF CANDIDATES 

default, as witnesses before the superior 
court. A summons may be signed and an 
oath may be administered by any member of 
such board, and the decision of a majority 
of the members thereof shall be final. 

When such objection has been filed, notice 
thereof shall be forthwith mailed by the sec- 
retary of the commonwealth, or by the city 
or town clerk, or election commissioners, 
respectively, to the candidates affected there- 
by, addressed to their residences as given in 
the certificates of nomination or nomination 
papers, and to any party committee interested 
in the nomination to which objection is 
made. 

If more candidates bearing the same politi- 
cal or other designation are nominated for 
an office, otherwise than by nomination 
papers, than are to be elected thereto, such 
boards shall determine the candidates, if any, 
entitled to such designation. 

Sect. 151. A person nominated as a can- 
didate for any state or city office may with- 
draw his name from nomination by a request 
in writing signed by him and acknowledged 
before a justice of the peace and filed with 
the officer with whom the nomination was 
filed, within the seventy-two hours succeeding 
five o'clock of the last day fixed for the filing 
of nomination papers for such office. 

Sect. 152. If a candidate nominated for a 
state, city or town office dies before the day 
of election, withdraws his name from nom- 



NOMINATIONS OF CANDIDATES 

ination, or is found ineligible, the vacancy- 
may be filled by the same political party or 
persons who made the original nomination, 
and in the same manner; or, if the time is in- 
sufficient therefor, the vacancy may be filled, 
if the nomination was made by a convention 
or caucus, in such manner as the convention 
or caucus may have prescribed, or, if no such 
provision has been made, by a regularly 
elected general or executive committee rep- 
resenting the political party or persons who 
held such convention or caucus. If a vacancy 
is caused by withdrawal, certificates of nomi- 
nation made otherwise than in the original 
manner shall be filed within seventy-two 
hours succeeding five o'clock of the last day 
fixed for filing withdrawals. They shall be 
open to objection in the same manner, as 
far as practicable, as other certificates of 
nomination. No vacancy caused by with- 
drawal shall be filled before the withdrawal 
has been filed. 

Sect. 153. When a nomination is made to 
fill a vacancy caused by the death, withdrawal 
or ineligibility of a candidate, the certificate 
of nomination shall, in addition to the other 
facts required, state the name of the original 
nominee, the fact of his death, withdrawal or 
ineligibility, and the proceedings had for fill- 
ing the vacancy; and the presiding officer 
and secretary of the convention or caucus, or 
the chairman and secretary of an authorized 
committee, shall sign and make oath to the 



53 



Certificate of 

nomination 
in case of a 
vacancy. 



54 



All papers to 
be open to the 
public. 



To be 
preserved. 



Blank forms 
to be 
provided. 



State Ballot 

Law Com- 
mission. 



To consist of 
tbree persons. 



NOMINATIONS OF CANDIDATES 

truth of the certificate, and it shall be accom- 
panied by the written acceptance of the can- 
didate nominated. 

Sect. 154. Certificates of nomination, 
nomination papers, objections thereto and 
withdrawals, when filed, shall, under proper 
regulations, be open to public inspection, 
and the secretary of the commonwealth and 
the several city and town clerks, and in Bos- 
ton, the election commissioners, shall pre- 
serve the same in their respective offices 
for one year. 

Sect. 155. The secretary of the common- 
wealth shall, upon application, provide blank 
forms for the nomination of candidates for 
all state offices; and he shall send blank forms 
for certificates of nomination for the office 
of representative in the general court to the 
clerk of each city and town for the use of 
any caucus or convention held therein for the 
nomination of candidates for that office. He 
shall likewise provide the clerks of towns, 
wherein official ballots are used, with blank 
forms for the nomination of candidates for 
town offices. 

State Ballot Law Commission. 

Sect. 156. There shall be a state ballot 
law commission consisting of three persons, 
one of whom shall annually in June or July 
be appointed by the governor with the advice 
and consent of the council, for a term of three 
years from the succeeding first day of 
August. The governor with the advice and 



STATE BALLOT LAW COMMISSION 

consent of the council may remove any mem- 
ber of the commission, or fill any vacancy 
therein for the remainder of the unexpired 
term. There shall always be on said com- 
mission a member of each of the two leading 
political parties. 

Sect. 157. No member of said commission 
shall hold any public office except that of 
justice of the peace or notary public, or be 
a candidate for public office, or member or 
employee of any political committee. If any 
member of the commission shall be nomi- 
nated as a candidate for public office and 
shall not in writing decline said nomination 
within three days, he shall be deemed to have 
vacated his office as a member of said com- 



55 



Qualification 
of members. 



Sect. 158. The state ballot law commission 
may summon witnesses, and administer to 
them oaths, and may require the production 
of books and papers at a hearing before it 
upon any matter within its jurisdiction. 
Witnesses shall be summoned in the same 
manner, be paid the same fees, and be sub- 
ject to the same penalties as witnesses sum- 
moned before the general court. A sum- 
mons may be signed and an oath may be 
administered by any member of said com- 



Powers of 

Commission. 



Sect. 159. The decision of a majority of Decision of 

the members of the commission upon any »»J©*Jty 

. « . . ,. . . „ • - . to be final, 

matter within its jurisdiction shall be final. 



56 



By whom 
provided. 



How used. 



Custody. 



STAMPS FOR MARKING BALLOTS 

Sect. 226. City and town clerks may pro- 
vide, for use at caucuses and elections, as 
many stamps as there are marking com- 
partments at each polling place. The 
design of the stamps for caucuses shall be 
the number of the ward, with a cross, thus: 
X 7, and for elections the number of the 
ward and precinct, with cross,- thus: X 7/9. 
At caucuses and elections for which such 
stamps are provided, they shall be used 
by all voters in marking their ballots, 
and ballots not so marked shall not be 
counted, but ballots from which the stamp 
mark has been erased with pencil or other 
device shall be counted as though no erasure 
had been made. The caucus or precinct 
clerk shall have the custody of such stamps, 
and shall, before the opening of the caucus or 
polls, in the presence of the voters and cau- 
cus or precinct officers, cause such stamps to 
be chained to each marking compartment; 
and he shall, immediately after the polls are 
closed and before the ballots are removed 
from the ballot box, and in the presence of the 
voters and caucus or precinct officers, place 
said stamps in a box, which shall be locked 
and sealed, and be by him returned to the 
city or town clerk or to the election commis- 
sioners. In Boston, the police officer in at- 
tendance at each caucus or voting precinct 
shall have the custody of the stamps and per- 
form the duties connected therewith imposed 
on the precinct clerks in other cities. 



VOTING AND COUNTING MACHINES 

*Sect. 270. The secretary of the common- 
wealth, the treasurer and receiver general 
and 1 the auditor of accounts shall at such 
times, under such conditions, and after such 
public notice as they shall determine, ex- 
amine voting and counting machines and ap- 
paratus; and they shall certify their approval 
of such machines as, in their judgment, fur- 
nish convenient, simple and satisfactory- 
means of voting and of ascertaining the true 
result thereof with facility and accuracy, spe- 
cial regard being given to the prevention and 
detection of double voting; but no machine 
shall be approved which does not secure to 
the voter as much secrecy in voting as is 
afforded by the use of the official ballot. No 
machine except such as is approved in ac- 
cordance with the provisions of this section 
shall be used at any election or caucus in 
this commonwealth; nor shall any such ma- 
chines be used except in accordance with the 
provisions of this and the three following 
sections. 

Sect. 271. A city or town may, at a meet- 
ing held not less than ten days before the 
annual city election in a city and before the 
annual town meeting in a town, determine 
upon and purchase one or more voting and 
counting machines, approved as provided in 
the preceding section, and order the use 
thereof at elections of state, city or town of- 
ficers in said city or town; and thereafter at 
all elections of state, city or town officers in 

*See Acts of 1903, Chapter 168, page 78. 



57 



To fee exam- 
ined and 
approved. 



None other to 
be used, 



Power to 
determine 
purchase, etc. 

To whom 
given. 



58 



In Boston. 



To be used as 
election 
commissioners 
determine. 



Herniations 
for nse. 



VOTING AND COUNTING MACHINES 

said city or town, until otherwise ordered by 
the aldermen in a city and the selectmen in a 
town, said machines shall be used for the 
purpose of voting for the officers to be 
elected at such elections and for taking the 
vote upon the question of granting licenses 
for the sale of intoxicating liquors and upon 
other questions submitted to the voters, and 
shall also be used at caucuses if in a town or 
in a ward of a city, fifty voters, members of 
the political party whose caucus is to be held, 
sign and file such request with the city or 
town clerk. In Boston, the power to deter- 
mine upon, purchase and order the use of 
voting and counting machines shall be vested 
in a board consisting of the election commis- 
sioners and the mayor of the city; and the 
expense so incurred shall be deemed an ex- 
pense of the election department of said city; 
and the machines so purchased shall be used 
at such elections and caucuses in that city as 
the election commissioners may from time to 
time determine. 

Sect. 273. The secretary of the common- 
wealth, the treasurer and receiver general 
and the auditor of accounts shall make regu- 
lations for the use of the machines approved 
by them, and prepare and furnish suitable in- 
structions for the voters in cities or in 
towns in which such machines are used 



CORRUPT PRACTICES 



59 



Corrupt Practices. 

Sect. 285. The term "political committee," 
under the provisions of this chapter relative 
to corrupt practices, shall apply to every 
committee or combination of three or more 
persons who shall aid or promote the suc- 
cess or defeat of a political party or prin- 
ciple in a public election or shall aid or take 
part in the nomination, election or defeat of 
a candidate for public office. 

No person shall, in order to aid or pro- 
mote his own nomination as a candidate for 
public office, by caucus, convention or nomi- 
nation paper, directly or indirectly, himself 
or through another person, or by a political 
committee, give, pay, expend or contribute, 
or promise to give, pay, expend or con- 
tribute, any money or other valuable thing, 
except for personal expenses as hereinafter 
provided. 

Sect. 286. No person shall, in order to 
aid or promote his own nomination or elec- 
tion to a public office, directly or indirectly, 
himself or through another person, promise 
to appoint, or promise to secure or assist in 
securing the appointment, nomination or 
election of another person to a public posi- 
tion or employment or to a position of 
honor, trust or emolument, except that he 



Term 
political 

committee 
defined. 



Candidates 
for 

nomination 
not to pay- 
money except 
for personal 
expenses. 



Candidates 
for 

nomination 
or election not 
to promise 
appoint- 
ments, etc. 



60 



Candidates 
for election 
not to pay 
money, etc., 
except for 
personal 
expenses, and 
to a political 
committee. 



Candidates 
may incnr 
certain 
personal 
expenses. 



not to be 
included in 
statement. 



Candidates 
may make 

voluntary 
payment to i 

committee. 



CORRUPT PRACTICES 

may announce or define what is his choice 
or purpose in relation to an election in which 
he may be called to take part, if elected. 

Sect. 287. No person shall, in order to aid 
or promote his own election to a public of- 
fice, directly or indirectly, himself or through 
another person, give, pay, expend or con- 
tribute, or promise to give, pay, expend or 
contribute, any money or other valuable 
thing, except for personal expenses or to a 
political committee as hereinafter provided. 

Sect. 28S. A candidate for nomination or 
for election to a public office, and any other 
person, may incur and pay, in connection 
with such nomination or election, his own 
personal expenses for traveling and for pur- 
poses properly incidental to traveling; for 
writing, printing and preparing for transmis- 
sion any letter, circular or other publication 
not issued at regular intervals, whereby he 
may state his position or views upon public 
or other questions; for stationery and post- 
age, for telegraph, telephone and other pub- 
lic messenger service, and for other petty 
personal purposes; but all such expenses 
shall be limited to those which are directly 
incurred and paid by him. Such personal 
expenses need not be included in any state- 
ment required of him. 

Sect. 289. A person who is nominated as 
a candidate or voted for with his assent for 
public office, may make a voluntary payment 
of money or a voluntary and! unconditional 



CORRUPT PRACTICES 

promise of payment of money to a political 
committee for the promotion of the princi- 
ples of the party which it represents, and for 
its general purposes. 

Sect. 290. Every political committee shall 
have a treasurer, who is a voter of the com- 
monwealth, and shall cause him to keep de- 
tailed accounts of all money or its equiva- 
lent, received by or promised to the commit- 
tee, or by or to any person acting under its 
authority or in its behalf, and of all expendi- 
tures, disbursements and promises of pay- 
ment or disbursement made by the commit- 
tee or by any person acting under its au- 
thority or in its behalf. No person acting 
under its authority or behalf shall receive 
money or its equivalent, or expend or dis- 
burse the same, until the committee has 
chosen a treasurer. 

Sect. 291. Whoever, acting under the au- 
thority or in behalf of a political committee, 
receives any money or its equivalent, or 
promise of the same, or expends or incurs 
any liability to pay the same, shall, on de- 
mand, and in any event within fourteen days 
after such receipt, expenditure, promise or 
liability, give to the treasurer a detailed ac- 
count of the same, with all vouchers required 
by this chapter, which shall be a part of the 
accounts and files of such treasurer. 

Sect. 292. The treasurer of every political 
committee which receives, expends or dis- 
burses any money or its equivalent, or incurs 



61 



committee to 

have 

treasurer. 



treasurer to 
keep detailed 
accounts. 



treasurer to 
be chosen 
before any 

payments are 
made, 



Treasurer 
may demand 
agent to 
account to 
him. 



Treasurer 
to file 

statement if 
receipts, etc., 
exceed twenty 
dollars 
witbin 30 
days after an 
election. 



statement to 
srive fall 
details. 



CORRUPT PRACTICES 

any liability to pay money in connection with 
any nomination or election to an amount ex- 
ceeding twenty dollars, shall, within thirty 
days after such election, file a statement set- 
ting forth all the receipts, expenditures, dis- 
bursements and liabilities of the committee 
and of every officer and other person acting 
under its authority or in its behalf. It shall 
include the amount in each case received, the 
name of the person or committee from whom 
received, the date of its receipt, the amount 
of every expenditure or disbursement, the 
name of the person or committee to whom it 
was made, and the date thereof; and, unless 
such expenditure or disbursement was made 
to another political committee, shall clearly 
state the purpose of such expenditure or dis- 
bursement; also the date and amount of 
every existing promise or liability, both to 
and from such committee, remaining unful- 
filled and in force when the statement is 
made, the name of the person or committee 
to or from whom the unfulfilled promise or 
liability exists, and a clear statement of the 
purpose for which the promise or liability 
was made or incurred. If the aggregate re- > 
ceipts or disbursements of a political com- 
mittee in connection with any election shall 
not exceed twenty dollars, the treasurer of 
the committee shall, within thirty days after 
the election, certify that fact under oath to 
the secretary of the commonwealth. 

Sect. 293. Whoever, acting otherwise 



CORRUPT PRACTICES 

than under the authority or in behalf of a 
political committee having a treasurer, re- 
ceives money or its equivalent, or expends 
or disburses, or promises to expend or dis- 
burse money or its equivalent, to an amount 
exceeding twenty dollars, to aid or promote 
the success or defeat of a political party or 
principle in any election, or to aid or influ- 
ence the nomination, election or defeat of a 
candidate for office, shall file in the city or 
town in which he is a voter, the statement 
required by the preceding section, and shall 
be subject to all the duties required by this 
chapter of a political committee or the treas- 
urer thereof; but no person except a voter of 
the commonwealth shall receive, expend or 
disburse any money or its equivalent or 
promise to expend or disburse any money or 
its equivalent, for either of the purposes 
above named, except for personal expenses 
as is herein provided 1 , or under the authority 
or in behalf of a political committee. 

Sect. 294. No person shall, directly or in- 
directly, himself or through another person, 
make a payment or promise of payment to a 
political committee or to any person acting 
under its authority or in its behalf, in any 
name except his own; nor shall such com- 
mittee or person knowingly receive a pay- 
ment or promise of payment, or enter or 
cause the same to be entered in the accounts 
or records of such committee, in any other 
name than that of the person by whom it is 
made. 



63 

Other persons 
who receive 
and expend 
money to 
make and file 
statement. 



legal voters 
only to 
receive or 
expend 
money except 
for personal 
expenses or 
through a 
committee. 



No person to 
make 
payments 
other than in 
his own 
name. 



money 
received not 
to he entered 
in any other 
name than 
that of the 
giver. 



64 

Candidates 
not to be 
solicited for 

money. 



prohibited 
from giving 
when 
solicited. 



Payment of 
naturaliza- 
tion fees 
prohibited. 



Treasurer to 
file statement 
■with eity or 
town clerk. 



in duplicate 
when 

relating to 
other than a 
city election. 



CORRUPT PRACTICES 

Sect. 295. No political committee, and no 
person acting under its authority or in its 
behalf, shall demand, solicit, ask or invite, 
from a person who has been nominated as a 
candidate for office in an election a payment 
of money, or promise of payment of money, 
to be used in such election; and no such can- 
didate shall make any such payment to a 
political committee or to any person acting 
under its authority or in its behalf, if such 
committee or person has demanded, solicited, 
asked or invited from him any such payment 
or promise of payment. 

Sect. 296. No political committee and no 
person who is required to file a statement 
under the preceding eleven sections shall 
make any payment or promise of payment of 
money to or in behalf of any person for natu- 
ralization fees or for services as counsel or 
otherwise in assisting any one to obtain natu- 
ralization. 

Sect. 297. The statement required by sec- 
tion two hundred and ninety-two shall be 
filed with the clerk of the city or town in 
which the treasurer is a voter, or if the po- 
litical committee has headquarters, with the ' 
clerk of the city or town in which such head- 
quarters are maintained at the time of the 
election to which the statement relates. A 
statement relating to any other than a city 
or town election, or an election by a city 
council or by either branch thereof, shall be 
filed in duplicate, and one copy shall be 



CORRUPT PRACTICES 

forthwith forwarded by the city or town 
clerk to the secretary of the commonwealth. 
Whoever makes a statement required by the 
provisions of this chapter shall make oath 
that it is in all respects correct and true to 
the best of his knowledge and belief. 

Sect. 208. The secretary of the common- 
wealth shall inspect all statements filed with 
him under the preceding section within sixty 
days after the same have been filed, and 
upon discovery that any such statement does 
not conform to law, or upon complaint in 
writing of five registered voters that such 
statement does not conform to law or to the 
truth or that any person has failed to file a 
statement required by law, he shall, in writ- 
ing, notify the delinquent person. Such com- 
plaint shall state in detail the grounds of ob- 
jection, be sworn to by one of the subscrib- 
ers and be filed with said 1 secretary within 
sixty days after the election in question or 
within thirty days after the filing of a state- 
ment or amended statement. 

Sect. 299. Upon the failure to file a state- 
ment or amended statement within ten days 
after receiving notice under the preceding 
section, the secretary shall notify the proper 
district attorney, who shall, within two 
months, begin civil or criminal proceedings 
in the name of the commonwealth. 

Sect. 300. If such statement relates to city 
or town elections, or to an election on the 
part of a city council, or of either branch 
thereof, the provisions of the preceding sec- 



65 



under oath. 



Secretary of 
the 



wealth to 
inspect all 
statements 
filed with 
him. 

persons to be 
notified if 
statement is 
incorrect or 
complaint 
made. 

complaints to 
he filed 
within 60 
days after 
election or 
within 30 
days after 
filing: 
statement. 



District 
Attorney may 
institute 
proceeding! 
in certain 
cases. 



Statements 
relating: to 
city and 
town 
elections, etc. 



66 



Equity 
powers of 
court 

proceeding!, 
etc. 



complaints 
to be filed 
within 60 
days after 
election, but 
may be 
within 30 
days. 

proceedings 
to be 
advanced. 

no petition 
to be 

discontinued 
without 
consent. 



Witnesses 
not liable 
to 

prosecution 
except for 
perjury. 



CORRUPT PRACTICES 

tions shall apply to the respective city or 
town clerks instead of to the secretary of the 
commonwealth. 

Sect. 301. The supreme judicial court or 
the superior court may compel any person 
who fails to file a statement as above required, 
or who files a statement which does not 
conform to the foregoing requirements in re- 
spect to its truth, sufficiency in detail, or 
otherwise, to file a sufficient statement, upon 
the application of the district attorney or pe- 
tition of any candidate voted for, or of any 
five persons qualified to vote at the election 
on account of which the expenditures, or any 
part thereof, were made or are alleged to 
have been made. Such petition shall be filed 
within sixty days after such election, if the 
statement was filed within the thirty days re- 
quired, but a petition may be filed within 
thirty days of any payment not included in 
the statement so filed. Proceedings under 
this section shall be advanced upon the re- 
quest of either party for speedy trial. No 
petition brought under this chapter shall be 
discontinued without the consent of the at- 
torney general. 

Sect. 302. No person who is called to 
testify in any proceedings under the preced- 
ing section shall be liable to criminal prose- 
cution under this chapter or otherwise for 
any matters or causes in respect of which he 
shall be examined or to which his testimony 
shall relate, except to prosecution for perjury 
committed in such testimony. 



CORRUPT PRACTICES 

Sect. 303. All statements shall be pre- 
served for fifteen months after the election 
to which they relate, and shall, under reason- 
able regulations, be open to public inspec- 
tion. 

Sect. 304. Every payment required to be 
accounted for shall, unless the total expense 
payable to any one person is less than five 
dollars, be vouched for by a receipted bill 
stating- the particulars of expense, and every 
voucher, receipt or account hereby required 
shall be preserved for six months after the 
election to which it relates. 

Sect. 305. The secretary of the common- 
wealth shall provide every city and 1 town, at 
the expense of the commonwealth, with 
blank forms, approved by the secretary of 
the commonwealth, the treasurer and re- 
ceiver general, and the auditor of accounts, 
suitable for the statements above required. 

Sect. 306. The provisions of this chapter 
relative to corrupt practices shall apply to all 
public elections, except of town officers, and 
to elections by the general court and by city 
councils, and by either branch thereof, to 
the nomination by caucuses and conventions 
and nomination papers of candidates to be 
voted for at such elections. Sections two 
hundred and eighty-five, two hundred and 
eighty-seven and two hundred and ninety- 
four, shall not apply to the proprietors and 
publishers of publications issued at regular 
intervals, in respect to the ordinary conduct 
of their business. 



67 



Statements to 
be kept 
fifteen 
months and 
to be open to 
tbe pnblic. 



Vouchers for 
payment over 
five dollars 
required. 



Blank forms 
to be 
provided. 



To whom tbe 
provisions of 
tbis cbapter 
relative to 
corrnpt 
practices 
apply. 



not to apply- 
to certain 
pnblisbers. 



68 



Inquest* in 
cases of 
alleged 
violations of 
certain lans 
relating: to 
caucuses, con- 
ventions, etc. 



INQUEST AND PENALTIES 

Inquest in Caucus, Convention and Elec- 
tion Cases. 

Sect. 307. Upon a complaint subscribed 
and sworn to by any person before a police, 
district or municipal court, or a trial justice, 
alleging that reasonable grounds exist for 
believing that any law relating to the assess- 
ment, qualification or registration of voters, 
or to voting lists or ballots, or to caucuses, 
conventions and elections, or to any matters 
pertaining thereto, has been violated, such 
court or justice may at once hold an inquest 
to inquire into such alleged violation of the 
law. 

For mode of procedure see sections 308 to 
313, chapter II, Revised Laws. 



Penalties 
on officer of 
a caucus or 
convention 
making false 
count. 



Penalties upon Officers. 
Sect. 368. An officer of a caucus or con- 
vention who knowingly makes any false 
count of ballots or votes, or makes a false 
statement or declaration of the result of a 
ballot or vote, or knowingly refuses to re- 
ceive any ballot offered by a person qualified 
to vote at such caucus or convention, or wil- 
fully alters, defaces or destroys any ballots ' 
cast, or voting lists used thereat, before the 
requirements of this chapter have been com- 
plied with, or declines or wilfully fails to re- 
ceive any written request made as therein, 
required, or declines or wilfully fails to per- 
form any duty or obligation imposed thereby 



PENALTIES UPON OFFICERS 

shall be punished by imprisonment for not 
more than three months. 

Any such presiding officer, secretary or 
clerk of a caucus who wilfully neglects or 
refuses to comply with the requirements of 
section ninety-eight shall be punished by' a 
fine of not more than fifty dollars for each 
offence. 

Sect. 369. A caucus officer who violates 
any of the provisions of section ninety-one 
shall be punished by imprisonment for not 
more than one year. 

Sect. 372. A presiding officer at a caucus 
or at a state or city election, or at an elec- 
tion in a town at which official ballots are 
used, who, when the right of a person offer- 
ing to vote is challenged for any legal cause, 
wilfully or negligently fails to require the 
name and residence of such person to be 
written upon the ballot offered by him, and 
to add thereto the name of the person chal- 
lenging and the assigned cause, before such 
ballot is received, shall be punished by im- 
prisonment for not more than one year. 

Sect. 380. A public officer, caucus or 
election officer, or officer or member of a po- 
litical committee or political convention, 
upon whom a duty is imposed by law, who 
refuses or wilfully neglects or wilfully fails to 
perform such duty, or who wilfully performs 
it contrary to law, shall for each offence, if 
no other penalty is herein specifically im- 
posed therefor, be punished by imprisonment 
for not more than one year 



60 



On presiding 
officer, 
secretary, or 
clerk of a 
caucus 
violating 
section 
ninety-eight. 



On cancns 

officer 

violating 

section 

ninety-one. 

On presiding 
officer of a 
cancns when 
right to vote 
is challenged. 



On cancns 
officer, officer 
or member of 
political 
committee or 
convention 
failing to 
perform a 
dnty. 



70 



For illegal 
voting or 
attempting 
to vote. 



For placing 
distinguish- 
ing mark on 
ballot. 

For allowing 
marking of 
ballot to be 
seen, giving 
false answer 
or making 
false oath. 



For violation 
of provisions 
of section 91 
as to taking 
an oath. 



For making 
false 

statements as 
to inability to 
mark ballots, 
etc. 



For aiding or 
abetting in 
illegal voting. 



PENALTIES 
Penalties upon Voters. 

Sect. 381. Whoever at a caucus votes or 
attempts to vote, knowing that he is not en- 
titled so to do, or votes or attempts to vote 
upon any name other than his own, or more 
than once on his own name, or casts or at- 
tempts to cast more than one ballot, or 
places any distinguishing mark upon a ballot, 
or makes a false statement as to his ability 
to mark his ballot, or unlawfully allows the 
marking of his ballot to be seen by any per- 
son, or gives a false answer to, or makes a 
false oath before a presiding officer, shall be 
punished by imprisonment for not more than 
six months. 

Sect. 382. A voter who violates any of 
the provisions of section ninety-one shall be 
punished by imprisonment for not more than 
one year. 

Sect. 384. A voter who makes a false 
statement as to his inability to mark a ballot, 
or who, except for the purpose of obtaining 
assistance under section two hundred and 
twenty-nine, allows his ballot to be seen by 
any person with an intention of indicating 
how he is about to vote shall be punished by 
a fine of not more than one hundred 1 dollars. 

General Penalties. 
Sect. 394. Whoever aids or abets a per- 
son, who is not entitled to vote, in voting or 
attempting to vote at a caucus, or in voting or 
attempting to vote under a name other than 



GENERAL PENALTIES 

his own, or in casting or attempting to cast 
more than one ballot, or wilfully and without 
lawful authority hinders, delays or interferes 
with, or aids in hindering, delaying or inter- 
fering with, a voter while on his way to a 
caucus, while marking his ballot or while vot- 
ing or attempting to vote, or endeavors to 
induce a voter to show his ballot,, shall be 
punished by imprisonment for not more than 
one year. 

Sect. 395. Whoever alters a ballot cast at 
a caucus or, not being authorized thereto, de- 
posits a ballot in a ballot box or envelope 
used at a caucus, or removes a ballot from 
such ballot box or envelope, shall be pun- 
ished by imprisonment in jail for not more 
than three years. 

Sect. 396. Whoever falsely makes or wil- 
fully alters, defaces, mutilates, destroys or 
suppresses a certificate of nomination or 
nomination paper, or letter of withdrawal of 
a name from such paper, or unlawfully signs 
any such certificate, paper or letter, or files 
any such certificate, paper or letter, knowing 
the same to be falsely made or altered, shall 
be punished by imprisonment for not more 
than one year. 

Sect. 397. Whoever as a notary public, 
justice of the peace, or other magistrate, 
takes the oath of a signer to a nomination 
paper without satisfying himself that the per- 
son to whom the oath is administered is the 
signer of such nomination paper, or who 



71 



For altering, 
depositing: or 
removing 
ballot with 
intent to 
cheat. 



For falsely 

making, 

filing, 

suppressing, 

defacing, etc., 

certificate, 

nomination 



Penalties on 
notaries, etc., 
taking oaths 
of signers to 
nomination 
papers. 



72 



For writings 

printing:, 

posting:, 

distributing-, 
etc., 

anonymous 
circulars, etc. 



For posting:, 
circulating:, 
etc., printed 
matter in 
and about 
polling: 
places at 
caucuses and 
elections. 



GENERAL PENALTIES 

shall fail to state in his attestation of such 
oath that he is so satisfied, shall be punished 
by a fine of not less than ten or more than 
fifty dollars. 

Sect. 398. Whoever intentionally writes, 
prints, posts, or distributes, or causes to be 
written, printed, posted, or distribut- 
ed, a circular or poster which is designed or 
tends to injure or defeat any candidate for 
nomination or election to any public office, 
by criticising his personal character or polit- 
ical action, unless there appears upon such 
circular or poster in a conspicuous place 
either the names of the chairman and secre- 
tary, or of two officers of the political or 
other organization issuing the same, or of 
some voter who is responsible therefor, with 
his name and residence, and the street and 
number thereof, if any, shall be punished by 
imprisonment for not more than six months. 

Sect. 399. Whoever posts, circulates or 
distributes any poster, card, handbill, placard, 
picture or circular except a paster to be 
placed upon the official ballot, intended to in- 
fluence the action of a voter, in the polling 
place, in the building in which the polling 
place is located 1 or on the walls thereof, on 
the premises on which the building stands, 
or on the sidewalk adjoining said premises, 
shall be punished by a fine of not more than 
twenty dollars. 

Sect. 404. Whoever, before an election, 
wilfully defaces or destroys any list of candi- 



GENERAL PENALTIES 

dates posted under the provisions of this 
chapter, or, during a caucus or an election, 
wilfully defaces, tears down, removes or de- 
stroys any card of instruction or specimen 
ballot posted for the instruction of voters, or 
during a caucus or an election, wilfully re- 
moves or destroys any of the supplies or con- 
veniences furnished to enable a voter to pre- 
pare his ballot, shall be punished by a fine of 
not more than one hundred dollars. 

Sect. 405. Whoever forges or falsely 
makes the official endorsement on any ballot, 
or wilfully destroys or defaces a ballot, or 
wilfully delays the delivery of any ballots, 
shall be punished by imprisonment for not 
more than one year. 

Sect. 406. Whoever wilfully and without 
lawful authority obstructs or delays a voter 
when on his way to the polling place where 
he is entitled to vote or while he is voting 
or attempting to vote, or aids or assists in 
any such obstruction or delay, shall be pun- 
ished by imprisonment for not more than one 
year. 

Sect. 407. Whoever interferes or attempts 
to interfere with a voter when he is marking 
his ballot or is within the space enclosed by 
the guard rail, or endeavors to induce a 
voter, before he has voted, to show how he 
marks or has marked his ballot, shall be pun- 
ished 1 by a fine of not more than one hundred 
dollars. 

Sect. 410. Whoever places a mark against 



73 



For defacing?, 
destroying'-, 
etc., lists, 
cards, ballots, 
supplies, etc. 



For forging, 
etc., 

endorsement, 
destroying, 
etc., ballot, or 
delaying 
delivery of 
ballots. 



For bindering 
or delaying a 
voter. 



For 

interfering 
witb voter, 
or inducing 
voter to show 
ballot. 



74 

For marking 
ballot 

contrary to 
law. 



For removing 
a ballot from 
enclosed 
space. 



For paying, 
giving or 
promising 
anything to 
influence a 
voter. 



For 

disorderly 
condnct at 
caucuses. 



For 

disobeying 
orders of 
caucus 
officers. 

For not 
removing 
pipe, cigar, 
liquor, etc. 



GENERAL PENALTIES 

a name on a ballot not cast by himself, or 
places a distinguishing mark on a ballot not 
cast by himself, except as authorized by law, 
shall be punished by imprisonment in jail for 
not more than three years. 

Sect. 412. Whoever removes a ballot 
from the space enclosed by the guard rail 
before the close of the polls, shall be pun- 
ished by imprisonment for not more than 
one year. 

Sect. 415. Whoever pays or gives, or 
directly or indirectly promises to a voter any 
gift or reward to influence his vote or to in- 
duce him to withhold his vote, shall be pun- 
ished by imprisonment for not more than 
one year. 

Sect. 416. Whoever, at a caucus or at an 
election, behaves in a disorderly manner, and, 
after notice from the presiding officer, per- 
sists in such behavior and refuses to with- 
draw from the polling place, shall be pun- 
ished by imprisonment for not more than 
thirty days. 

Sect. 417. Whoever wilfully disobeys any 
lawful command of an election or caucus of- 
ficer, shall be punished by imprisonment for 
not more than thirty days. 

Sect. 418. Whoever, when so ordered by 
the presiding officer of an election, caucus or 
meeting, refuses or fails to remove any pipe, 
cigar, cigarette or liquor, or to withdraw 
from the polling place, as provided by sec- 



GENERAL PENALTIES 

tion * two hundred and twenty-two, shall be 
punished by a fine of not more than twenty 
dollars. 

Sect. 419. Whoever gives any information 
derived from a recount of votes relative to a 
ballot cast by a challenged voter at an elec- 
tion or caucus, shall be punished by impris- 
onment for not more than one year. 

Sect. 420. Whoever violates the provis- 
ions of sections two hundred and ninety-two 
to two hundred and ninety-four, inclusive, 
shall be punished by imprisonment for not 
more than one year, and whoever violates 
any other provision of this chapter relative 
to corrupt practices in elections shall be pun- 
ished by a fine of not more than one thou- 
sand dollars. 

Enforcement of Provisions. 

Sect. 421. The supreme judicial court and 1 
the superior court shall have jurisdiction at 
law or in equity to enforce the provisions of 
this chapter. 

Police officers and constables shall arrest 
without warrant any person detected in the 
act of violating the caucus or election laws. 



75 



For giving 

information 
re@rard.ing; 
challenged 
votes. 



For 

violation of 
provisions 
relating to 
corrnpt 
practice. 



Supreme and 
Superior 
Conrt to have 
jurisdiction 
to enforce. 

Officers to 

arrest 

withont 

warrant. 



♦Section 222. Any person who, during an election or 
town meeting, shall, in a polling place or place of such 
meeting, smoke or have in his possession a lighted pipe, 
cigar or cigarette, or carry into any such place or keep 
therein any intoxicating liquor, shall be deemed guilty 
of disorderly conduct; and the presiding officer shall 
order him to remove such pipe, cigar, cigarette, or 
liquor, or to withdraw from such place, and for dis- 
obedience of such order shall cause him to be removed 
from such polling place or meeting. 



76 

As amended 
1903, 318. 
Prosecution 
for violation 
not to be 
placed on file. 

exeeption. 



how disposed 
of. 



As amended 1903, 425. 
Councillor in 
Suffolk Senatorial 
Districts, etc., to 
be nominated by 
direct plurality- 
vote. 



Ballots 

and return*; 

how made. 



DIRECT NOMINATIONS 

A prosecution for the violation of any pro- 
vision of this chapter shall not, unless the 
purposes of justice require such disposition, 
be placed on file or disposed of except by 
trial and judgment according to the regular 
course of criminal proceedings. 

It shall be disposed of otherwise only upon 
motion in writing stating specifically the 
reasons therefor and verified by affidavit if 
facts are relied on. 

If the court or magistrate certifies in writ- 
ing that he is satisfied that the cause relied 
on exists and that the interests of public 
justice require the allowance of the motion 
the motion shall be allowed and the certifi- 
cate of the court or magistrate shall be filed 
in the case. 

Chapter 537, Acts of 1002. 
An Act to Provide for Direct Nomination, 
in Cities, of Candidates for Cer- 
tain Elective Offices. 

Re it enacted, etc., as follows: 

Section i. Every nomination by a politi- 
cal party of a candidate for the office of 
councillor in districts made up only of Suf- 
folk senatorial districts, for representative in 
the general court, or any elective city office 
except a member of the school committee of 
Boston, to be voted for only in two or more 
wards of one city, shall be made in caucuses 
by direct plurality vote. 

Sect. 2. All ballots and returns for such 
candidates shall be returned by the clerks of 
the several caucuses as ballots and returns of 
elections in such cities are returned, and the 



DIRECT NOMINATIONS 

city clerk with the registrars of voters, or in 
Boston the election commissioners, shall de- 
termine an<i tabulate the results of all such 
ballots and returns, shall certify to the facts 
required by law in certificates for nomination 
of representatives to the general court, and 
shall file such certificates with the secretary 
of the commonwealth on or before the 
Thursday designated by law therefor. 

The secretary of the commonwealth shall 
place on the official ballots to be used at the 
state election the names of all candidates for 
representatives nominated as aforesaid; and 
the city clerk, or in Boston the election com- 
missioners, shall place on the official ballots 
to be used at municipal elections the names 
of all candidates nominated 1 as aforesaid. 

Sect. 3. Where nomination papers for 
candidates at caucuses are required by law, 
such papers shall, for nominations under this 
act, be signed by a number of voters equal 
in the aggregate to not less than five for each 
ward in the city or district. 

Such voters shall be members of the polit- 
ical party holding the caucus and they shall 
add to their signatures the street and num- 
ber, if any, of their residences. 

Sect. 4. All provisions of law relative to 
caucuses of political parties shall, so far as 
they are applicable and not inconsistent with 
the provisions of this act, apply to caucuses 
at which direct nominations are made as 
herein provided. 

Sect. 5. This act shall take effect upon its 
passage. 



77 



Filing 

of 

certificates. 

Provision 

for 

placing 

names 

on ballots. 



Where nom- 
ination papers 
are reqnired 
number of 
signers 
necessary. 



Pro-visions 
of law 
not 

Inconsistent 
to apply. 



Acts of 1903. 



ACTS OF 1903 



SI 



An Act to Provide for the Appointment of 
a State Board of Voting Machine 

Examiners. 

Chapter 368. 
Section i. There shall be a state board 
of voting machine examiners, consisting of 
three persons, of whom one shall be an ex- 
pert in patent law, and two shall be mechan- 
ical experts. Said examiners shall be ap- 
pointed by the governor within thirty days 
after the passage of this act. They shall hold 
office for the term of five years, subject, 
however, to removal at the pleasure of the 
governor; and any vacancy shall be filled by 
the governor for the remainder of the unex- 
pired term. No person shall be eligible for 
appointment who has a pecuniary interest in 
any voting machine, ballot box or counting 
apparatus. 

Sect. 2. Said examiners of voting ma- 
chines shall perform the duties relative to 
the examination of voting machines, ballot 
boxes and counting apparatus now imposed 
by law upon the secretary of the Common- 
wealth, the treasurer and receiver general and 
the auditor of accounts. Their compensation 
shall be paid by the persons submitting ma- 
chines, boxes or counting apparatus for ex- 
amination; and such compensation shall not 
exceed one hundred and fifty dollars to each 
examiner for the examination or re-examina- 
tion of a machine, fifteen dollars for the ex- 
amination or re-examination of a ballot box, 



Board of 
Voting Machine 

Examiners. 
to consist of 
three persons. 

appointed toy 
ttoe Governor. 

for five years. 



Vacancies 



"Who are 

ineligible. 



Compensation. 



Bond to lie 

given, 



Repeal of 
section 272. 



Inspection. 



ACTS OF 1903 

and five dollars for the examination or re- 
examination of counting apparatus. 

Sect. 3. When voting machines are pur- 
chased by a city or town the persons of whom 
the purchase is made shall give to the city or 
town clerk a bond with sufficient sureties to 
keep such machines in working order for 
two years at their own expense. 

Section two hundred and seventy-two of 
chapter eleven of the Revised Laws is hereby 
repealed. 

Sect. 4. No voting machine shall be used 
at an election or caucus until it has been in- 
spected under the direction of the secretary 
of the Commonwealth, and found upon such 
inspection to conform to drawings and speci- 
fications to be filed in the office of the secre- 
tary by the board of examiners, with their 
report on the machine. 

Sect. 5. This act shall take effect upon its 
passage. 



Certain 
candidates for 
Congress to be 
nominated by 
direct vote. 



An Act to Provide for Direct Nomination 

of Candidates for Representatives in 

Congress in the Ninth, Tenth and 

Eleventh Districts. 

Chapter 450. 

Section t. Every nomination by a politi- 
cal party of a candidate for representative in 
congress in the ninth, tenth and eleventh con- 
gressional districts shall be made in caucuses 
by direct plurality vote. 



REPRESENTATIVES IN CONGRESS 



83 



Sect. 2. All ballots and returns for such ? e , t , u ^ n of _ 
, ,1 1 11 1 11 r ballots and 

candidates shall be returned by the clerks of returns. 

the several caucuses as ballots and returns of 
elections in the several cities and towns com- 
prising said districts are returned, and the 
election commissioners of Boston and the 
clerks of the other cities and towns in each 

of said districts shall constitute a canvassing Canvassing 

board. 
board for that district, to meet in the same 

manner and to perform the same duties as 

canvassing boards provided for in section 

one hundred and thirty-eight of chapter 

eleven of the Revised Laws. 

Sect. 3. All provisions of law relative to Certain 
, - , , 1 provisions of 

the preparation of nomination papers and bal- law to apply. 

lots, to caucuses and elections, to ballots cast 
at caucuses and elections, to recounts of such 
ballots, and to certificates of nomination of 
candidates, shall, so far as they are applicable 
and not inconsistent with the provisions of 
the two preceding sections, apply to the cau- 
cuses therein named, the ballots cast thereat, 
the returns relative to such ballots, the re- 
counts of such ballots, and the certificates of 
nomination made as aforesaid. 

An Act Relative to Returns of Caucuses at 

Which are Made Direct Nominations 

of Candidates for Certain Elective 

Offices. 

Chapter 453. 

Section i. Returns of all caucuses of po- Returns of 
... , ... , .. caucuses for 

litical parties at which are made any direct direct nomina- 

nominations for a district comprising more J na d e# llo,v 



84 



CniivuMsiiiK 
board. 



Filing of cer- 
tificates of 

nomiuation. 



In the event 
of a tie vote. 



ACTS OF 1903 

than one ward or town shall be made accord- 
ing to the provisions of section one hundred 
and twenty-four of chapter eleven of the Re- 
vised Laws. 

In Boston the election commissioners and 
in other cities and in towns the registrars of 
voters shall canvass said returns and deter- 
mine the results thereof. 

Recounts of ballots shall be made as pro- 
vided in section one hundred and twenty-six 
of said chapter. 

In the case of candidates for a state office 
in a district comprising more than one ward 
and wholly within any one city, the city clerk, 
or in Boston the election commissioners, 
shall file in the office of the secretary of the 
Commonwealth the certificate of nomination 
required by law. 

In the case of such candidates for a district 
not wholly within any one city or town, each 
city and town clerk in such district, or in 
Boston the election commissioners, shall 
file in the office of the secretary of the 
Commonwealth, in the manner and within 
the time required by law for filing certificates 
of nomination, copies of the record of votes 
for such candidates, and the secretary shall 
canvass them and determine the results 
thereof. 

Sect. 2. In the event of a tie vote for any 
candidate of a political party nominated di- 
rectly for any office, there shall be deemed to 
be a vacancy, to be filled by a regularly 
elected general or executive committee rep- 
resenting the election district in which such 



PRIMARIES 

vote has been cast, or, if no such committee 
exists, by the members of the ward and town 
committees in the wards and towns compris- 
ing such district, but the vacancy shall be 
filled only by the choice of one of the candi- 
dates receiving such tie vote. 



85 



An Act to Provide for Joint Caucuses or 
Primaries of all Political and Muni- 
cipal Parties. 

Chapter 454. 
Terms. 

Section t. For the purposes of this act the 
term "election law" shall apply to chapter 
eleven of the Revised Laws. 

The term "primary" shall apply to any Primary. 
meeting held in accordance with the provi- 
sions of this act. 

The term "municipal party" shall apply to 
a party other than a political party which at 
the preceding city or town election polled 
for mayor or a selectman at least three per 
cent, of the entire vote cast in the city or 
town for that office; this term shall be used 
only with reference to caucuses for the nomi- 
nation of city or town officers. 

Caucuses or Primaries. 

Se£t. 2. *A11 caucuses of political and 
municipal parties in cities and in towns using 
official ballots, which towns at an annual 



Terms defined. 
Election Law. 



Municipal 
party. 



Certain 
caucuses 
to be held 
and conducted 
as provided. 



*See section eighteen this act 



86 



exception. 



Towns may 
revoke action. 



town clerks 
to give notice. 



ACTS OF 1903 

meeting vote that primaries shall be held 
therein, except caucuses to elect delegates to 
conventions held for the election of delegates 
to national conventions, and for the choice 
of ward committees after the change of ward 
lines, shall be held at the same time and place 
as primaries, and shall be conducted in gen- 
eral accordance with the provisions of law 
concerning the conduct of elections and the 
manner of voting thereat, except as otherwise 
provided herein. 

Towns voting that primaries shall be held 
therein may, at a legal meeting called for the 
purpose, not less than one year after the date 
of the first primary held therein, revoke such 
action. 

Clerks of towns which vote to hold prima- 
ries or to rescind such action shall forthwith 
notify the secretary of the Commonwealth of 
such vote. 



Notices 
when issued 
in Boston. 



Nomination 

paper* 

in Boston 



When filed. 



Notices — Filing of Nomination Papers. 

Sect. 3. Notices of caucuses in the city of 
Boston shall be issued not less than twenty- 
two days prior to the day on which the cau- 
cuses are to be held. 

In Boston nomination papers shall be 
sealed up and filed in the office of the secre- 
tary of the city committee of the party mak- 
ing the nominations not less than fourteen 
week days prior to the day upon which the 
caucus is to be held for which the nomina- 
tions are made; and the secretary of each 
city committee in the city of Boston shall 
deliver to the election commissioners, not 



PRIMARIES 

less than ten week days before the day upon 
which the caucuses are to be held and before 
five o'clock in the afternoon of the last day, 
the nomination papers filed with him. 

Dates for Holding Primaries. 

Sect. 4. Primaries shall be held on the Wnen pri- 
sixth Tuesday preceding state elections, on beheld.* 11 ** *° 
the third Tuesday preceding city elections, 
except in Boston, where they shall be held exception 
on the fourth Thursday preceding the city 
election, and on the second Tuesday preced- 
ing town elections or any special election. 

In Boston they shall be held by precincts 
as established for elections; elsewhere, wholly 
or partly by wards, precincts or towns, as 
the board of aldermen or selectmen may from 
time to time determine. 



87 



in Boston 
by precincts. 



elsewhere. 



Nominations and Nomination Papers. 

Sect. 5. Nominations shall be made in ac- 
cordance with the provisions of sections one 
hundred and seven to one hundred and six- 
teen, inclusive, of the election law, except 
that in the case of an election district not 
wholly within one ward or town the signers 
of nomination papers for that district may 
reside anywhere within the district. 

Ballots, Apparatus, &c. 

Sect. 6. Ballots for each political and mu- 
nicipal party, ballot boxes, voting lists, speci- 
men ballots, blank forms and apparatus, seals 
and record books, shall be provided and 
treated in accordance with the provisions of 



Nominations 
how made. 



exception. 



Ballots, etc.. 
how provided. 



88 



number how 
determined. 



to be of a dif- 
ferent color 
for each party. 



Certain 
provisions of 
election law 
to apply. 



Primary 
officers to he 
designated in 
certain cases. 



When not 
ineligible. 



Amendments 
relating: to 
election 
officers. 



ACTS OF 1903 

sections one hundred and seventeen to one 
hundred and twenty, inclusive, of the election 
law, except that the number of ballots shall 
be determined by the election commissioners 
in Eoston, by the city clerk in any other city, 
and by the town clerk in towns, and shall not 
for any ward or town exceed one ballot of 
each party for each voter therein; and the 
ballots for each party shall be printed on 
paper of a different color from that on which 
the ballots for any other party are printed. 

Primary Officers. 

Sect. 7. The provisions of the election law 
relating to election officers, voting places for 
elections, election apparatus and blanks, call- 
ing and conduct of elections, manner of vot- 
ing at elections, counting and recounting of 
votes at elections, corrupt practices and pen- 
alties, shall apply to primaries, except as 
otherwise provided herein. 

Sect. 8. In wards or towns where at elec- 
tions voting is by precincts, but at primaries 
by wards or towns, the city or town clerk 
shall designate which of the election officers 
shall serve as primary officers. 

Except in Boston no person shall be ineli- 
gible to serve as a primary officer because he 
is a candidate for or member of a ward or 
town committee. 

Sect. 9. The following sections of the 
election law relating to election officers are 
hereby amended as follow*: — 

Section one hundred and seventy-one, by 
striking out the word "September," in the 



PRIMARIES 

first and second lines, and inserting in place 
thereof the word: — August, — . 

Section one hundred and seventy-two, by- 
striking out the word "October", in the sec- 
ond and third lines, and inserting in place 
thereof the word: — August, — . 

Section one hundred and seventy-three, by 
striking out the word "November", in the 
tenth line, and inserting in place thereof the 
word: — September, — . 

Section one hundred and seventy-five, by 
striking out the words "first day of Novem- 
ber", in the second line and also in the sixth 
line, and inserting in place thereof the 
words: — twentieth day of September, — . 



89 



Polls. 

Sect. io. The polls at every primary shall 
be open during such hours, not less than 
nine in cities or four in towns, as may be 
designated by the board of election commis- 
sioners in Boston, the aldermen of other 
cities, and the selectmen of towns. 



Honrs that 
polls are to 
l»e open. 



Enrolment. 
Sect. ii. When in a primary the voter 
seeks to pass the guard-rail, he shall be asked 
by one of the ballot clerks which party ballot 
he desires, and the ballot clerk upon reply 
shall distinctly announce the same and give 
him such party ballot. The voter's selection 
shall be checked on the voting list used by 
the ballot clerks, and said list shall be re- 
turned to the election commissioners in Bos- 
t,on s or to tli? city clerk in any other city, or 



Enrolment 
manner of 



90 



may be 
changed. 



not to take 
effect under 
ninety days. 



if accuracy 
is denied. 



may vote. 



ballot may 
not be counted. 



ACTS OF 1903 
to the town clerk in towns, for preservation 
during the succeeding calendar year. A copy 
of the party entries on such list shall be used 
at subsequent primaries for determining with 
what party the voter has been enrolled. 

No voter enrolled under the provisions of 
this act shall be allowed to receive the ballot 
of any political party except that with which 
he is so enrolled, but he may change his en- 
rolment by appearing in person before the 
election commissioners in Boston, the city 
clerk in any other city, or the town clerk in 
towns, and requesting in writing to have his 
enrolment changed to another party; but 
such change shall not take effect until the 
expiration of ninety days after the voter so 
appears; but the political party enrolment of 
a voter shall not preclude him from receiv- 
ing at a primary the ballot of any municipal 
party, though in 'no one primary shall he 
receive more than one party ballot. 

Any voter who denies the accuracy of his 
enrolment as found on the voting list may 
deposit his ballot with the endorsement re- 
quired by section two hundred and thirty-five 
of the election law; but said ballot shall not 
be counted on a recount if it appears that 
the party enrolment of such voter was cor- 
rect. 



" He shall also be required to write his name and residence 
on the outside of the ballot offered and the presiding officer 
shall add thereto the name of the person challenging and the 
cause assigned therefor, whereupon such ballot shall be re- 
ceived."— Sect. 235. 



PRIMARIES 
Counting and Return of Votes. 

Sect. 12. In the counting of votes when 
the ballots are removed from the ballot box, 
they shall first be sorted into piles, one for 
each party, and each pile shall be counted 
and sealed separately. Votes shall be 
counted only for nominations of the party on 
whose ballot they appear. 

Sect. 13. The election commissioners in 
Boston, the city clerks in other cities, and 
town clerks in towns, shall canvass the re- 
turns of votes for delegates to conventions 
and for members of ward and town commit- 
tees, determine the result, issue proper cer- 
tificates thereof to the successful candidates, 
and notify the chairmen of the city or town 
committees of the respective parties as to 
the persons who have been elected. 

Sect. 14. If a majority of a delegation or 
of a ward or town committee is not elected, 
or if there is a tie vote for candidates for an 
elective office, there shall be deemed to be a 
vacancy to be filled according to the provi- 
sions of section one hundred and fifty-two of 
the election law. 



91 



Votes 

how counted. 



Canvass of 
returns. 



Certificates 

of election, etc. 



In case of 
non election 
or a tie vote. 



Petitions for Recounts. 
Sect. 15. In Boston petitions for recounts 
after primaries shall be filed before five 
o'clock in the afternoon of the second day 
thereafter. 



Petitions for 
recount. 



92 



School 
Committee 
Conventions* 
iv he n held 
in Boston. 



Certificate* of 

nomination, 

etc. 



when filed. 



Act to he 
deemed 
amendment of 
election law. 

inconsistent 
acts repealed. 

In Boston 
Act to take 
effect upon 
its passage. 

elsewhere to 

he submitted 
to the voters. 



ACTS OF 1903 
School Committee Convention. 

Sfxt. 16. In Boston conventions to nomi- 
nate candidates for school committee shall be 
called for and held on the seventh day after 
the primaries before the city election. 

Filing of Certificates &c. 
Certificates of nomination shall be filed be- 
fore five o'clock in the afternoon of the ninth 
day after said primaries; objections thereto, 
withdrawals therefrom, and all nomination 
papers^ shall be filed before five o'clock in 
the afternoon of the eleventh day after said 
primaries; certificates of nomination to fill 
vacancies caused by withdrawals shall be filed 
before five o'clock in the afternoon of the 
twelfth day after said primaries. 

Relating to this Act. 

Sect. 17. This act shall be deemed to be 
in amendment of the election law, and so 
much of said law as is inconsistent with the 
provisions of this act is hereby repealed. 

Sect. 18. This act shall take effect in 
Boston upon its passage. 

In other cities and in towns using official 
ballots the question of its acceptance shall be- 
submitted to the voters at the next annual 
state election and the act shall take effect as 
soon after its acceptance by a majority of the 
voters voting thereon as the provisions of 
law relative to nominations can be complied 
with. 



APPENDIX 



QUALIFICATIONS OF VOTERS. 96 

QUALIFICATIONS OF VOTERS. 



MALE VOTERS. 

Must be a citizen of the United States by birth or naturali- 
zation. 

(The last day for getting naturalized depends upon the different courts, 
but must be before the close of registration.) 

Must be at least twenty one years old, although one under 
age can be registered if he will be of age at the time of the 
next election. 

Must, unless he had the right to vote in this state on May I, 
1857, or is physically disabled from doing so, be able to write 
his name and read in English the Constitution of the State. 

Must have resided in the state one year, and in the city or 
town where he votes, six months next preceding such election. 

Must not be under guardianship, nor a pauper (unless an 
honorably discharged veteran soldier or sailor) . 

Must have his name upon the list of registered voters ; but 
one who changes his residence within the state retains for six 
months the right to vote for national or state officers in the 
place from which he removes. 

Must have been assessed for a Poll Tax on the 
preceding First Of May. (Any person, however, whose 
name is not properly entered on the list of those liable for a 
poll tax on May I , may he assessed by proving to the Board of 
Assessors his right to be assessed. 

In Boston the Board of Police not later than September i. 

The payment of any Poll or other Tax is not 
a Prerequisite for Registration or Voting in Mas- 
sachusetts. 

A person qualified to vote in a city or town divided into 
wards or voting precincts, shall be registered and be entitled 
to vote in the ward or voting precinct in which he resided on 
the first day of May preceding the election, or, if he became 
an inhabitant of such city or town after such first day of May, 
in the ward or voting precinct in which he first became a 
resident. 

FEMALE VOTERS. 

Every female citizen having the qualifications of a male voter required 
by the preceding section may have her name entered upon the list of voters 
for school committee, and shall have the right to vote for members of the 
school committee, upon complying with the requirements hereinafter set 
forth. Sec. 13, chap. 11, Revised Laws. 



96 NATURALIZATION. 

NATURALIZATION. 

In General. 

Naturalization papers can he taken out in the United States 
Circuit or District Courts (in Post Office Building, Boston), or 
in the Supreme Judicial or Superior Court of the County in 
which the applicant resides, or in the nearest District, Police or 
Municipal Ckmrt. 

Aliens honorably discharged from the army, or showing five 
years continuous service in the navy, may become citizens upon 
making proof of one year's residence in the country without 
previous declaration of intention. 

Chinese, Japanese and Burmese cannot be naturalized. 

Children under 21 at the time of the naturalization of their 
parents, and residing with them at the time, or born after such 
naturalization, are deemed citizens of the U. S. 

American citizens legally throwing off such citizenship must 
be naturalized to re-acquire it. 

An Alien to Become a Naturalized Citizen. 

If in Massachusetts Courts 

primary declaration may be filed at any time. Every applica- 
tion shall be entered upon the docket of the court, and final 
action thereon shall be had at any regular sitting of the court. 
Such application shall contain the name, age, occupation and 
street and number of residence of applicant and names and resi- 
dence of witnesses he intends to summons at his final hearing. 
Ten days notice is required if application is made in the U. S. 
District Court. None in the Circuit Court. No primary or final 
certificate shall issue until the fees (see next page) are first paid. 

If he comes to this country before he is eighteen 

he is required to take out only one Bet of papers; these can be 
taken out at any time when the court is in session. 

If he conies to this country after he is eighteen 

he must take out two sets of papers. 



NATURALIZATION. 97 

Second or Final Papers. 

When two sets of papers are required, two years must elapse 
after the first set are taken out before he can take out the second. 
In neither case can he become a citizen until he is 2 1 and has 
resided in the U. S. five years. 

Must take to the clerk of the court the certificate showing 
that first papers have been granted. 

Must renounce allegiance to the ruler of the country of his 
birth, and certify as to his residence in this country. 

Will be informed by clerk of court when to appear before 
the court. On the date set must be accompanied by two wit- 
nesses, citizens of this country, who must in open court make 
oath that he has lived in the U. S. five years. 



FEES : 

"For making out first papers by clerk of court, $1.00 

For making out final application by clerk where 

primary declaration thereto has been made, 1.00 

For making out final application by clerk, of appli- 
cant who came this country before he was 18, 2.00 
(The applicant or any other person may make out 
these papers in which case no fee is charged.) 
For filing first papers by clerk of court, 1 .00 
For filing second papers, 2.00 
For copy of any naturalization paper if required for 

any cause, 1.00 

In the Massachusetts courts the fee is not returned if the 
applicant is refused. 

In the U. S. courts no charge is usually made unless the 
applicant is successful. 

The payment by any one except the applicant of money for 
fees for services in obtaining naturalization, is prohibited 
under penalty in Massachusetts. 

Blank forms for naturalization may be obtained of clerk* 
df courts, and generally at political headquarters. 



98 ELECTION DISTRICTS. 

CONGRESSIONAL DISTRICTS. 

[As Established by Chapter 511, Acts ok 1901.I 



DISTRICT M' 'I ltr.lt ONE. 

All of Berkshire County; Ashfield, Bernardston, Buckland, Char- 
lemont, Colrain, Conway, Deerfield, Gill, Greenfield. Hawley, Heath, Leyden, 
Monroe, Rowe, Shelburne and Whately in Franklin County ; Chester- 
field, Cummington, Goshen, Hatfield, Huntington, Middlefield, Plainfield, 
Southampton, Westhampton, Williamsburg and Worthington in Hamp- 
shire County; Agawam, Blandford, Chester, Granville, Holyoke, Mont- 
gomery, Russell, Southwick, Tolland, Westfield and West Springfield in 
Hampden County. 

DISTRICT .M"»l ltr.lt TWO. 

Erving, Leverett, Montague, New Salem, Northfield. Orange, Shutes- 
bury, Sunderland, Warwick and Wendell in Franklin County ; Amherst, 
Belchertown, Easthampton, Enfield, Granby, Greenwich, Hadley, North- 
ampton, Pelham, Prescott, South Hadley and Ware in Hampshire 
County; Brimfield, Chicopee, East Longmeadow, Hampden, Holland, 
Longmeadow, Ludlow, Monson, Palmer, Springfield, Wales and Wilbraham 
in Hampden County; Athol, Barre, Brookfield, Dana, Hardwick, New 
Braintree, North Brookfield, Oakham, Petersham, Phillipston, Royalston, 
Warren and West Brookfield in "Worcester County. 

DISTRICT M'.TI ISKIfi THREE. 

Auburn, Charlton, Douglas, Dudley, Grafton, Holden, Leicester, Mili- 
bury, Northbridge, Oxford, Paxton, Rutland, Shrewsbury, Southbridge, 
Spencer, Sturbridge, Sutton, Uxbridge, Webster, Westborough, West Boyl- 
ston and Worcester in Worcester County. 

DISTRICT M'. 'I It i: It FOUR. 

Ashburnham, Berlin, Bolton, Boylston, Clinton, Fitchburg, Gardner, 
Harvard, Hubbardston, Lancaster, Leominster, Lunenburg, Northborough, 
Princeton, Southborough, Sterling, Templeton, Westminster and Winchendon 
in Worcester County; Acton, Ashby, Ashland, Ayer, Bedford, Box- 
borough, Concord, Framingham, Groton, Hudson, Lexington, Lincoln, 
Littleton, Marlborough, Maynard, Natick, Pepperell, Shirley, Stow, Sud- 
bury, Townsend, Waltham, Wayland, Westford and Weston in Middlesex 
County. 

DISTRICT M illt I It FIVE. 

Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Lowell, 
North Reading, Reading, Tewksbury, Tyngsborough and Wilmington in 
Middlesex County ; Andover, Lawrence, Lynnfield, Methuen and North 
Andover in Essex County. 

DISTRICT M">l ltr.lt SIX. 

Amesbury, Beverly, Boxford, Danvers, Essex, Georgetown, Gloucester, 
Groveland, Hamilton, Haverhill, Ipswich, Manchester, Marblehead, Merri- 



ELECTION DISTRICTS. 99 

CONGRESSIONAL DISTRICTS — Concluded. 



mac, Middleton, Newbury, Newburyport, Peabody, Rockport, Rowley, 
Salem, Salisbury, Swampscott, Topsfield, Wenham and West Newbury in 
Essex County. 

DISTRICT NUMBER SEVEN. 

Lynn, Nahant and Saugus in Essex County ; Everett, Maiden, Mel- 
rose, Stoncham and Wakefield in Middlesex County ; Chelsea and Revere 
in Suffolk County. 

DISTRICT NUMBER EIGHT. 

Arlington. Belmont, Cambridge, Medford, Somerville, Winchester and 
Woburn in Middlesex County. 

DISTRICT NUMBER NINE. 

Wards i, 2, 3, 4, 5, 6. 7, 8, 9, Precincts 6 and 7 of Ward 12 of Boston, and 
Winthrop in Suffolk County. 

DISTRICT NUMBER TEN. 

Wards 13, 14, 15, 16, 17, 20 and 24 ot Boston in Suffolk County; 
Milton and Quincy in Norfolk County. 

DISTRICT NUMRER EEEVEN. 

Wards 10, 11, Precincts 1, 2, 3, 4 and 5 of Ward 12, Wards 18, 19, 21, 22, 
23 and 25 of Boston in Suffolk County. 

DISTRICT NUMBER TWEEVE. 

Avon, Bellingham, Braintree, Brookline, Canton, Dedham, Dover, Fox- 
borough, Franklin, Holbrook, Hyde Park, Medfield, Medway, Millis, Need- 
ham, Norfolk, Norwood, Randolph. Sharon, Stoughton, Walpole, Wellesley, 
Westwood, Weymouth and Wrentham in Norfolk County; Holliston, 
Hopkinton, Newton, Sherborn and Watertown in Middlesex County; 
Blackstone, Hopedale, Mendon, Milford and Upton in "Worcester County ; 
North Attleborough in Bristol County. 

DISTRICT NUMBER THIRTEEN. 

Acushnet, Berkley, Dartmouth, Dighton, Fairhaven, Fall River, Free- 
town, New Bedford, Rehoboth, Seekonk, Somerset, S'vansea and Westport 
in Bristol County; Marion, M attapoisett and Rochester in Plymouth. 
County ; County of Dukes County and Nantucket. 

DISTRICT NUMBER FOURTEEN. 

Abington, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, 
Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marsh- 
field, M iddleborough, Norwell, Pembroke, Plymouth, Plympton, Rockland, 
Scituate, Wareham, West Bridgewater and Whitman in Plymouth 
County; Attleborough, Easton, Mansfield, Norton, Raynham and Taun- 
ton in Bristol County; Cohasset in Norfolk County; Barnstable 
County. 



LofC. 



100 ELECTION DISTRICTS. 

COUNCILLOR DISTRICTS. 



As Established by Chapter 509 of the Acts of 1896. 



DISTRICT NUMBER ONE. 

The Cape, First and Second Plymouth, and the Second and Third 
Bristol Senatorial Districts. 

Cape District.— The County of Barnstable; and the County of 
Dukes County and Nantucket. 

Plymouth District. — The County of Plymouth and town of 
Cohasset in Norfolk County, 

Bristol District.— Acushnet, Dartmouth, Dighton, Fairhaven, 
Fall River, Freetown, New Bedford, Somerset, Swanzey, and West- 
port in the County of Bristol. 



DISTRICT NUMBER TWO. 

The First Bristol, First and Second Norfolk, and Seventh and 
Eighth Suffolk Senatorial Districts. 
Bristol District.— Attleborough, Berkley, Easton, Mansfield 
North Attleborough, Norton, Raynham, Rehoboth, Seekonk, and 
Taunton in the County of Bristol. 

Norfolk District.— The County of Norfolk except the town of 
Cohasset. 

Suffolk District.— Wards 16, 20, 21, 22, 23, and 24, Boston. 



DISTRICT NUMBER THREE. 

The First and Second Suffolk, and the First, Second, and Third 
Middlesex Senatorial Districts. 

Suffolk District.— Chelsea, Revere, "Winthrop, and Wards 
Nos. 1, 3, 4 and 5, Boston. 

Middlesex District. — Arlington, Ashland, Belmont, Cam- 
bridge, Framingham, Holliston, Hopkinton, Natick, Newton 
Sherborn, Somerville, Watertown and Weston in the County of 
Middlesex. 



DISTRICT NUMBER FOUR. 

The Third, Fourth, Fifth, Sixth and Ninth Suffolk Senatorial 
Districts. 

Suffolk District.— Wards Nos. 2, 6, 7,8, 9, 10, 11, 12, 13, 14, 15, 17, 
18, 19, and 25, Boston. 



ELECTION DISTRICTS. 101 

COUNCILLOR DISTRICTS -Concluded 



DISTRICT NUMBER FIVE. 

The First, Second, Third and Fourth Essex, and the Middlesex and 
Essex Senatorial Districts. 

Essex District — Amesbury, Beverly, ^Bradford, Danrers, Es- 
sex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ips- 
wich, Wards Nos. 1, 2,4,4, 6,'and 7, Lynn, Manchester, Marblehead, 
Merrimac, Nahant, Newbu >, Newbury port, Rock port, Rowley, 
Salem, Salisbury, Swampscott, Wenham and West Newbury in the 
County of Essex. 

Middlesex and Essex Districts. — Ward No. 6, Lynn, Lynnfleld, 
Middleton, North Reading, Peabody, Saugus, Stoneham, Wakefield, 
and Woburn, in the counties of Middlesex and Essex. 



DISTRICT NUMBER SIX. 

The Essex, and the Fourth, Fifth, Sixth, and Seventh Middlesex 
Senatorial Districts. 

Essex District.— Andover, Boxford, Lawrence, Methuen, 
North Andover, and Topsfield, in the county of Essex. 

niddlesex Districts.— Acton, Ashby, Ayer, Bedford. Billerica, 
Boxborough, Burlington, Carlisle, Chelmsford, Concord, Dracut, 
Dunstable, Everett, Groton, Hudson, Lexington, Lincoln, Little- 
ton, Lowell, Maiden, Marlborough, Maynard, Medford, Melrose, 
Pepperell, Reading, Shirley, Stow, Sudbury, Tewksbury, Towns- 
end, Tyngsborough, Waltham, Wayland, Westford, Wilmington, 
and Winchester, in the county of Middlesex. 



DISTRICT NUMBER SEVEN. 

The First, Second, Third, Fourth, and Fifth Worcester Senatorial 
Districts. 
Worcester Districts. — All of Worcester County. 



DISTRICT NUMBER EIGHT. 

The Berkshire, Berkshire and Hampshire, Franklin, and Hamp. 
shire, and First and Second Hampden Senatorial Districts. 

All of Berkshire, Hampshire. Franklin, and Hampden Counties. 

* Now Ward 7, Haverhill, chap. 365, acts of 1901. 



102 ELECTION DISTRICTS. 

SENATORIAL DISTRICTS. 

As Established by Chapter 609 of the Acts ok 1896. 
The County of Suffolk. 

(Including Ward 3, Cambridge, Middlesex County)— Nine Sen- 
ators. 

First District.— Chelsea, Revere, "Winthrop, and Ward No. 1, 
Boston. 

Second District. — Wards Nos. 3, 4, 5. Boston, a. d Ward 3, 
Cambridge. (Now Wards 1, 2, acts of 19ul, chap. 397.) 

Third District.— Wards Nos. 2, 6, and 8, Boston. 

Fourth District.— Wards Nos. 7, 9, and 17, Boston. 

Fifth District.— Wards Nos. 10, 12, and 18, Boston. 

Sixth District.— Wards Nos. 13, 14, and 15, Boston. 

Seventh District.— Wards Nos. 16, 20, and 24, Boston. 

Eighth District.— Wards Nos. 21, 22, and 23, Boston. 

Ninth District.— Wards Nos. 11, 19, and 25, Boston. 

The Counties of Essex and Middlesex.— Thirteen 

Senators. 

First Essex District.— Wards Nos. 1, 2, 3, 4, 5, and 7, Lynn, 
Nahant, and Swampscott. 

Second Essex District.— Beverly, Danvers, Marblehead, and 
Salem. 

Third Essex District.— Essex, Gloucester, Hamilt m, Ipswich, 
Manchester, Newbury, Newburyport, Rockport, Rowley, and Wen- 
ham. 

Fourth Essex District. — Amesburv, * Brad ford, Georgetown, 
Groveland, Haverhill, Merrimac, Salisbury, and West Newbury. 

Fifth Essex District.— Andover, Boxford, Lawrence, Alethuen, 
North Andover, and Topsneld. 

First /Middlesex Di 5 trict.— Ashland, Framingham, Holliston, 
Hopkinton, Natick, Newton, Sherborn, Watertown, and Weston. 

Second Middlesex District. - Wards Nos. 1. l, 4, and S.Cam- 
bridge. (Now Wards 3, 4, 5, «, 7, 8, 9, lu, 11, acts 1901, chap. 397.) 

Third /liddlesex District.— Arlington, Belmont, and Somer- 
ville. 

Fourth /liddlesex District.— Everett, Maiden, and Melrose. 

Fifth /Middlesex District.— Lexington, Lincoln, Marlborough, 
Medford. Sudbury, Waltham, Wayland, and Winchester. 

Sixth /liddlesex District.— Acton, Ashby, Ayer, Bedford, 
Billerica, Boxborough, Burlington, Carlisle, Concord. Dunstable, 
Groton, Hudson, Littleton, Wards Nos. 5 and 9, Lowell, Maynanl, 
Pepperell, Reading, Shirley, Stow, Tewksbury, Townsend, Tvngs- 
borough, Westford, and Wilmington. 

Seventh Middlesex District.— Chelmsford, Dracut, and Wards 
Nos. 1, 2, 3, 4, 6, 7, and 8, Lowell. 

Middlesex and Essex District. —Ward No. f», Lynn, Lvnnfiebl, 
Middleton, Peabody, and Saugus, in the county of Essex; North 
Reading, Stoneham, Wakefield, and Woburn, in the county of 
Middlesex. 

* Bradford, in Fourth Essex, now Ward 7, Haverhill. Acts 
1896, chap. 365. 



ELECTION DISTRICTS. 103 

SENATORIAL DISTRICTS —Continued. 



The County of Worcester. — Five Senators. 

First District.— Wards Nos. 4, 5, 6, 7, and 8, Worcester. 

Second District.— Berlin, Bolton, Boylston, Clinton, Harvard, 
Holden, Lancaster, Sterling, West Boylston, and Wards Nos. 1, 2, 
and 3, Worcester. 

Third District.— Ashburnham, Athol, Fitchburg, Gardner, 
Leominster, Lunenburg, Royalston, Westminster, and Winchen- 
don. 

Fourth District.— Barre, Brookfield, Charlton, Dana, Dudley, 
Hardwick, Hubbatdston, Leicester, New Braintree, North Brook- 
fleld, Oakham, Paxton, Petersham, Phillipston, Princeton, Rut- 
land, Southbridge, Spencer, Sturbridge, Templeton, Warren, 
Webster, and West Brookfield. 

Fifth District.— Auburn, Blackstone, Douglas, Grafton, Hope- 
dale, Mendon, Milford, Millbury, Northborough, Northbridge, 
Oxford, Shrewsbury, Southborough, Sutton, Upton, Uxbridge, and 
Westborough. 



The Counties of Berkshire, Franklin, Hampden, and 

Hampshire — Five Senators. 

Berkshire District.— Adams, Cheshire, Clarksburg, Dalton, 
Florida, Hancock, Hinsdale, Lanesborough, New Ashford, North 
Adams, Peru, Pittsfield, Savoy, Williamstown, and Windsor, in the 
county of Berkshire. 

Berkshire and Hampshire District.— Alford, Becket, Egre- 
mont, Great Barrington, Lee, Lenox, Monterey, Mount Washington, 
New Marlborough, Otis, Richmond, Sandisfield, Sheffield, Stock- 
bridge, Tyringham, Washington, and West Stockbridge, in the 
county of Berkshire; Chesterfield, Cummington, Easthampton, 
Goshen, Hadley, Hatfield, Huntington, Middlefield, Northampton, 
Plainfield, South Hadley, Southampton, Westhampton, Williams- 
burg, and Worthington, in the county of Hampshire; and Bland- 
ford, Chester, and Russell, in the county of Hampden. 

Franklin and Hampshire District.— Ashfield, Bernardston, 
Buckland, Charlemont, Colrain, Conway, Leerfield, Erving, Gill, 
Greenfield, Hawley, Heath, Leverett, Leyden, Monroe, Montague, 
New Salem, Northfield, Orange, Rowe, Shelburne, Shutesbury, 
Sunderland, Warwick, Wendell, and Whately, in the county of 
Franklin; and Amherst, Belchertown, Enfield, Gran by, Greenwich, 
Pelham, Prescott, and Ware, in the county of Hampshire. 

First Hampden District.— Brimfield, Holland, Monson, Palmer, 
Springfield, Wales, and Wilbraham. 

Second Hampden District.— Agawam, Chicopee, East Long- 
meadow, Granville, Hampden, Holyoke, Longmeadow, Ludlow, 
Montgomery, Southwick, Tolland, West Springfield, and Westfield. 



104 ELECTION DISTRICTS. 

SENATORIAL DISTRICTS— Concluded. 



The County Of Norfolk (excluding Cohasset)— Two Sen*.^r5. 

First District — Braintree, Canton, Holbrook. Hyde Park, 
Milton, Quincy, Randolph and Weymouth. 

Second District — Avon, Beilingham, Brookline, Dedham, 
Dover, Foxborougb, Franklin, Medfield, Med way, Millis, Needham, 
Norfolk, Norwood, Sharon, Stoughton, Walpole, Wellusley, West- 
wood, and Wrentham. 

The County of Plymouth. 

(Including Cohasset, in Norfolk County) — Two Senators. 

First District — Abington, Carver, Cohasset (Norfolk County) 
Dux bury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, 
Hull, Kingston, Marshfleld. Norwell, Pembroke, Plymouth, Plymp- 
ton, Rockland, Scituate and Whitman. 

Second District — Bridgewater, Brockton, Lakeville, Marion, 
Mattapoisett, Middleborough, Rochester, Wareham and West 
Bridgewater. 

The County Of Bristol.— Three Senators. 

First District — Attleborough, Berkley, Easton, Mansfield, 
North Attleborough, Norton, Raynham, Rehoboth, Seekonk and 
Taunton. 

Second District— Dighton, Fall River, Somerset and Swanzey. 

Third District — Acushnet, Dartmouth, Fairhaven, Freetown, 
New Bedford and Westport. 

The Counties of Barnstable, Dukes County, and 
Nantucket. — One Senator. 

Cape District — Barnstable, Bourne, Brewster. Chatham, Den- 
nis Eastham, Falmouth, Harwich, Mashpee, Orleans, Province- 
town, Sandwich, Truro, Wellfleet and Yarmouth, in the County of 
Barnstable; Chilmark, Cottage City, Edgrartown, Gay Head, Gos- 
uuld. Tiebury and WestTisbury, In the County of Dukes County, 
and Nantucket. 



INDEX. 



Acceptance of a nomination by a candidate PAGE 

to make the nomination valid must be written on his nom- 
ination paper 26 

Acts of 1903 79 

Aldermen (in Boston, election commissioners) 

to provide polling places 18-24 

to notify political committees of places provided 18-24 

upon request, to arrange polling places for voting in two or 

more lines 25 

Appendix tf3 

Arrests 

for violating caucus laws, etc., to be made by officers with- 
out warrant 75 

Ballot, official 

term defined 2 

to be taken in all caucuses 19,34 

Ballots 

how returned 

for representatives in congress in certain districts 83 

for councillor 76 

Ballots nnder provisions applying: to cities and towns 
not adopting: the Boston pro-visions 
to be kept by secretary of caucus ten days, and for three 

months if requested by ten voters 19 

to be preserved when notice of contest is filed 19 

to be recounted when request is filed within three week days 19 
to be produced when required by any court or convention... 19 

stamps for marking, how provided; how to be used 56 

Ballots nnder provisions applying: to Boston and cities 
and tovrns adopting: said provisions 

except as affected by chapter 454, acts of 1903 (see page 85). 

to be provided by the city or town 80 

to be prepared by *city or town clerk 80 

no other to be received or counted 30 

in Boston not to be printed in office owned by the city 31 

number to be furnished equal to one for each voter 31 

number to be printed to be determined by officers of city 
or town committee. If they fail to do so by *city or 

town clerk 31 

six specimens, to be printed on colored paper, to be posted 

In each polling place 31, 33 

to have an official heading, with party name, etc 81 

to have names for elective officers arranged alphabetically. . 31 

to have other names grouped in order filed 31 

except for delegates, to have place of residence printed 

against names 32 

against certain names brief statements, contained in nomi- 
nation papers, to be printed on 32 

to contain only names presented on nomination papers 82 

to have blank spaces for inserting other names 32 

* In Boston, election commissioners. 



106 INDEX. 

Ballots— Continued. PAGE 

to state number of persons to be voted for 32 

to Indicate by a star (•) a candidate for re-election 32 

In form and arrangement to be In general same as official 

state ballot 32 

how to be marked by voter 32 

if more names are marked than are to be chosen not 

to be counted 33 

apparatus for counting, etc., to be delivered at polling places 33 

to be delivered by *clty or town clerk at the polling places. . 33 

to be delivered to certain officers 33 

a cross (X) against a name on, to constitute a vote 32 

not to be counted till polls are closed 34 

to be counted in full view 34 

when counted result to be announced 36 

to be sealed up with check list, etc., and endorsed 35 

in Boston, etc., to be recounted on request of ten voters.... 36 

to be produced when required by any court or convention.. 36 

stamps for marking, how provided and how to be used 56 

penalties relating to 68-74 

Ballots in joint caucuses or primaries 

how provided 87 

to be on paper of a different color for each party 88 

number to be printed, to be determined by election commis- 
sioners 88 

not to exceed one of each party for each voter 88 

how counted 01 

petition for recounts when filed 01 

Ballot law commission 

Boston— election commissioners constitute 7 

State — appointment, powers, duties, etc 55 

Boston, City of 

sections relating to caucuses in 21-30.82-80 

Calendars 

for the current vear political for state and citv elections .IV, V 

Candidates 

nomination of, by caucus and convention 40-45 

in Suffolk Senatorial Districts 40 

by direct nomination 76 

nomination of, 

for congressmen (see same). 
for councillor (see same), 
certificates for, for a state office in districts wholly within 

one ward or town, how filed 84* 

in districts not wholly within one ward or town, how filed. 84 

Candidates, provisions applying to the whole state 

no caucus entitled to nominate, except as provided 12 

to be nominated by plurality vote in a caucus 15 

may be nominated by roll call In a convention 44 

to be chosen by haflot 19 

Candidates, provisions applying to cities and tovrn* 

except Boston 18 

may ask for recount of ballots 19 

to be notified of time and place of recount 20 

or agent mny be present at recounts 20 

to be voteu for at a state election to be nominated at cau- 
cuses held throughout the state on one designated day.. 12 

* In Boston, election commissioners. 



INDEX. 107 

Candidates— Continued. Pagb 

in case of a tie vote for an elective office another ballot to 

be taken at once unless some one objects 15 

if objection is made caucus shall adjourn to any subsequent 

day 15 

in case of a tie vote for other 15 

for elective office to receive notice of nomination 16 

no convention to nominate, to be called earlier than four 
days after caucus nor later than 48 hours prior to hour 

of filing certificates of nomination 43 

Candidates, provisions applying- only to Boston and 

cities and towns adopting? said provisions 21-39 

to be voted for at a city or town election to be chosen at 

caucuses held same day in each city and town 23 

nominations of, to be voted for at a caucus must be made 

by nomination papers 26 

to file written acceptance with papers 26 

residence of, to be placed on papers 27 

preferences of, and information regarding, may be placed 

on papers 27 

names of, on papers not to exceed number of persons to be 

elected 26 

how nominated in case papers are not filed or vacancy oc- 
curs 29 

may withdraw from nomination papers 29 

lmormation, etc., regarding, on nomination papers to be 

printed on ballots 32 

names of, how arranged on ballots 31 

for re-election indicated on ballot by star (*) 32 

for an elective office or nomination to such, or ward or 

town committee cannot serve as caucus officers 38 

(see nomination of candidates.) 
Canvassing; Board 

for Suffolk senatorial districts 40 

for ninth, tenth and eleventh congressional districts S3 

for caucuses at which are made direct nominations 84 

Canvass of returns of votes 

of caucuses nominating candidates for congress in certain 

districts 83 

of caucuses at which are made any direct nominations 84 

in districts not wholly within one city or town 84 

of joint caucuses or primaries 91 

Can ens 

term defined 2 

may make one nomination for each office, etc 40 

to be entitled to have candidate's name on election ballot. . . 40 
♦registrars to hold at least one session for registration pre- 
ceding the first, preceding state election 6 

Cancnses 

terms relating to, defined 2-4 

Cancnses, provisions applying; to all throughout the 

state . . . . 77 11-1 R 

criminal prosecutions for all offenses, etc.. in 5 

•registrars to furnish voting lists for use In 6 

to choose ward committees in the re-dlvision of a city into 

wards 9 

to be called by city committee existing 9 

♦In Boston, election commissioners. 



108 INDEX. 

Caucuses— Continued. Page 

rules and regulations relative to, may be made 10 

voter supporting independent candidate not to be excluded 

from 10 

not entitled to nominate candidates or elect delegates, ex- 
cept as provided 12 

for special elections to be called by political committees 13 

to be valid must be called by a printed or written notice 13 

notices of, apply only to members of party calling them.... 13 

presiding officer to open, at hour appointed therefor 13 

voting list to be used in 14 

no person to take part in, whose name is not on voting list. 14 
candidates receiving highest number of votes deemed elected 

or nominated 15 

precedence given to party first filing copy of call of 13 

penalties on officers and voters at 68-70 

may, for state districts, etc., make one nomination for each 

office 40 

entitled to have names of candidates nominated at, on offi- 
cial ballot 40 

prosecution for violation of any provision relating to, not 

to be placed on file, etc 76 

exception 76 

provision not applying to Boston. 

(Relating? to state elections.) 

to be held throughout the state on one day 12 

to be held at call of state committee 13 

delegates to be elected and candidates elected at one 

caucus 13 

twenty-one days before, copy of call to be sent to com- 
mittee 13 

no two political parties to hold, on same day 13 

precedence given to party first filing call of 13 

no person having voted in, of one party can In, of another 

party within ensuing twelve months 13 

no voter to be prevented from taking part in, if he will take 

prescribed oath 14 

presiding officer of, to administer oath 14 

clerk or secretary of, to make record, etc., of oath 14 

in case of tie votes at 15 

presiding officers and secretary of, to send certificate of 

election 16 

no convention to be held earlier than four days after 43, 

no representative convent on to be held earlier than seven days 

after date fixed by state committee for holding . 44 

Caucuses, provisions applying: to snch cities nnd 
towns as have not adopted provisions applying; to 

Boston 1 7-20 

two weeks before, application to be made for polling places 18 
ten days before, notice to be given committees of places 

provided 18 

seven days' notice of, to be given to voters 18 

notice of, to be posted in public places and published 18 

hour for calling to order not to be later than 8 P. M 18 

to be called to order by person designated In the call 18 

In case of absence of person designated 18 

temporary chairman to preside till permanent one is chosen IS 

chairman, secretary, etc., to be first chosen 19 



INDEX. 109 

Caucuses— Continued. Page 

ballot to be taken for delegates, candidates, etc 19 

polls to be kept open for thirty minutes 19 

ballots to be kept by secretary ten days, or three months 

if requested by ten voters 19 

chairman and secretary of, to recount ballots 20 

political parties may call, to adopt or after one year, to 

revoke adoption of provisions applying to Boston 22,23 

mode of procedure at, etc., for adoption, etc 22 

(see caucuses, provisions applying to all, etc., for additional 
provisions.) 
Caucuses, provisions applying to Boston and such cit- 
ies and towns as have adopted said provisions 21-39 

except as affected by chapter 454, acts of 1903 (see page 85). 
all, to be held under provisions of sections 99 to 131 inclu- 
sive 22 

for delegates to a convention to nominate candidates and 
for choice of candidates to be voted for at a city or town 

election, to be held on the same day 23 

for delegates to convention to nominate candidates 23 

for choice of a political committee, day shall be the same as 

for choice of candidates for municipal officers 23 

city or town committee to determine days, place and hour 

of holding 23 

no two parties to hold on same day 23 

party first filling copy of call with *city or town clerk enti- 
tled to preference 23 

eighteen days' notice to be given of place, day and hour of 

filing nomination paper, and day of holding 24 

two weeks prior to day named for, application to be made 

for polling places 24 

If twenty-five voters request at least twelve days before, 
provision shall be made at polling places for voting in 

two lines 25 

ten days prior to, notice to be sent committees of places 

selected for 24 

seven days prior to, notice giving place, day and hour of 

holding 25 

hour of holding not to be earlier than 2 P. M. nor later 

than 7.30 P. M 25 

notices of and time of filing nomination papers shall be pub- 
lished in one or more local papers 25 

ballots for, to be provided by city or town 30 

ballots for use in, to be prepared by *city or town clerks. ... 80 
in Boston no ballots for use in, to be printed in printing 

office of said city 31 

date of, to be given on ballots 31 

♦city or town clerk to deliver at, ballots, etc 31 

before opening of, presiding officer to post specimen ballots. 33 
to be held in general accordance with provisions of law re- 
lating to elections 32 

order of business 34 

balloting to continue until 8.30 P. M., time may be extended 34 

all persons in line to be allowed to vote 34 

in case right of person to vote is challenged 34 



* In Boston, election commissioners. 



110 INDEX. 

Caucuses— Continued. Page 

no officer to give information in regard to any ballot cast 

by voter challenged 34 

ballots not to be counted till polls are closed 34 

ballots to be counted in full view of the voters 34 

presiding officer to make public announcement 35 

record and. copy to be made of result of balloting 35 

record and copy to be sent to *city or town clerk 35 

ballots shall be sealed with voting lists, etc., by clerk 35 

package to be indorsed and sent to *eity or town clerk.... 35 
upon request of ten voters ballots to be kept by *clty or 

town clerk three months 35 

ballots cast at, to be recounted upon request duly made 36 

for choice of delegation to state convention shall annually 

elect caucus officers 37 

provisions for electing temporary caucus officers In 39 

provisions for appointing caucus officers for first, after adop- 
tion by any city or town of provisions applying to Boston 39 
in newly incorporated cities or upon re-division of city in 

wards 39 

penalties upon officers and voters 68-70 

(see also caucuses, provisions applying to all, etc.) 
Caucuses, conduct of 

(see caucuses, also primaries.) 
Caucus officers 

term defined 2 

to be elected annually at caucus for choice of delegates 

to state convention 37 

name, number and qualifications of 37 

term of office from October 1st, etc 38 

if state, county or city employee, or members of ward or 

town committee ineligible 37 

cannot serve when candidate for elective office or ward 

committee 38 

names of, on ballot to be aranged in groups. 31 

against name of, on ballot to be printed residence 31 

candidates for, must file written acceptance with nomina- 
tion paper 26 

in case of a tie vote at election of 15 

to receive notice of election 16 

duties of, same in general as those of election officers 38 

additional to serve in one caucus only, how provided 38 

permanent or temporary to be sworn 38,30 

temporary vacancies, how filled 39 

permanent vacancies, how filled 39 

when provisions applying to Boston are adopted 39 

not to receive ballot required by law to refuse 34 

not to give information regarding challenged voters 31 

to be appointed for first caucus in year following new di- 
vision of wards, etc 39 

penalties imposed upon, for violation of law 68,69 

(see warden and clerk.) 
Certificates o£ nomination 

to be sent within three week days of adjournment of caucus 

to all nominees, etc 16 

penalty for failure to do so 69 

* In Boston, election commissioners. 



INDEX. Ill 

Certificates of nomination— Continued. Page 

for nominees to an elective office. 

in Suffolk senatorial districts, how and when filed 43 

to state certain facts, be signed by officials and sworn to. 44 
secretary of the convention or caucus to file within speci- 
fied time 45 

for candidates nominated for congressmen in certain dis- 
tricts 83 

in districts wholly within one city or town. 83 

in districts not wholly within one city or town 83 

at joint caucuses or primaries 92 

Certificates of nomination and nomination papers 

contents of and designation in certain cases 47 

to be filed with whom 49 

acceptance of candidate to be filed with 49 

last days for filing in cities and Boston 49, 50, 92 

last days for filing in towns 50 

last hour ror filing 50 

to be valid unless objected to 51 

consideration of objections 51 

notice to candidate and committee 52 

to be open to public inspection and preserved 54 

blank forms to be furnished 54 

Chairman 

(see presiding officer.) 

to call caucus to order under provisions not applying to 

Boston, etc 18 

Challenged votes 

how received 34 

no information relative to be given 34 

when not counted 37 

Challenged voter 

required to take an oath 14 

to write name and residence on outside of ballot 34 

information in regard to ballot cast by, not to be given.... 34 
Check lists 

(see voting lists.) 
Citv elective offiLce 

candidates for are to be nominated by direct vote 76 

Cities and towns 

to provide polling places, ballot boxes, etc 18-24 

if provisions of sections applying to Boston, etc., are adopted, 
to provide polling places fitted with booths, guard rail, 

etc., as at state elections 24 

to provide ballots and facsimile ballots 30 

to provide blank nomination papers 25 

to provide ballots, record book, blanks, seal, etc 33 

City and town clerks 

to receive list of members and officers of political committees 

with changes occurring 9 

to have filed with them, notice of adoption and revocation 

of adoption of provisions applying to Boston, etc 22,23 

♦duties under provisions of sections applying to Boston, etc. 
copy of call for caucuses relating to town or city elections 

to be filed with 23 

to prepare blank nomination papers 25 

* Iu Boston, election commissioners. 



112 INDEX. 

Clty'and town clerks— Continued. PaOB 

to deliver same to chairman or secretary of committee, and 

to them only 26 

to have papers delivered to them seven week days before 

caucus before 5 P. M. of last day 30 

to prepare ballots 30 

in Boston not to have them printed in any office owned by 

city of Boston 31 

to determine number of ballots when city or town commit- 
tee fail to do so 31 

to furnish six specimen ballots on colored paper for each 

polling place 31 

to prepare and deliver at polling places ballots, specimen 

ballots, blanks, etc '. 33 

to keep sealed packages of votes ten days, or upon request 

three months , 35 

to produce the same when called for by court 36 

to have filed with them requests for recount 36 

City committee 

existing, when deemed to be organized 10 

the several ward committees of a city snail constitute 8 

organizations of, when and how made 9 

list of members and organization of, when and with whom 

to be filed 9 

vacancies in offices of, to be filled by the committee 9 

to be filed as in case of officers first chosen 9 

to receive notice of members and officers of state committee 
to call caucuses for election of ward committee in case of a 

re-division of a city into wards 9 

may make rules for its conduct 10 

may make rules relative to caucuses 10 

may make regulations to determine membership in the party 

and to restrain others from taking part In caucuses, etc. 10 
an independent voter not to be deprived from taking part 

in a caucus 10 

to receive from state committee copy of call of caucuses 

relative to state elections 13 

to call caucuses relating to special election 13 

to call all caucuses in cities 18-23 

to give seven days' notice of the day, place and hour of 

holding caucuses 18, 25 

to publish notices of caucuses, etc., in local papers 18, 25 

in cities other than Boston to call caucuses for adoption of 

sections applying to Boston, etc 22 

penalties imposed on members of 69 

(see city and town committees.) 
t'itv and town committees, under sections applying 1 to 
Boston, etc. 

except as affected by chapter 454. acts of 1903 (see page 85). 

duties of. in connection with nomination papers 28-30 

to give eighteen days' notice of the day of holding caucuses 

and place and time of filing nomination papers 24 

to appoint caucus officers for first caucus after adoption of 

Boston provisions 39 

to appoint caucus officers in first caucus in newly incor- 

F>orated city and in first year after new division of wards 39 
rman and secretary of. 
to receive notice of caucus call from state committee.. 13 



INDEX. 113 

City and Town Committees— Continued. Page 

to issue calls for regular and special caucuses 13-23 

to determine number of ballots for caucuses 31 

chairman or secretary of, 

to notify in cities, *aldermen, in towns, selectmen, of 

date of caucuses 24 

to receive notice from same of polling places provided for 

caucuses 24 

to receive blank nomination papers from city or town 

clerk 26 

other duties in connection with nomination papers 28-30 

secretary of, 

to file with secretary of Commonwealth and state com- 
mittee and city and town clerK, list of members, of- 
ficers and vacancies 9 

In Boston, etc., under provisions applying to said city. 

nomination papers to be filed with 28, 86 

to cause caucus nomination papers to be opened publicly.... 28 

to cause nominations to be announced publicly 28 

to indorse time papers were filed with him 28 

may correct errors, irregularities, etc., in such papers 28 

in case of withdrawal of nomination papers 29 

to notify person filing of such defective paper 30 

In cities to notify ward committee if caucus nomination 

papers are not filed 28 

In cities to be notified of nominations by ward committee in 

such case 28 

to send nomination papers to *city or town clerk 30, 86 

to file notice of adoption or revocation of adoption of pro- 
visions applying to Boston 23 

to have facsimile of his signature on ballots 31 

penalties imposed on members of 68 

City election 

term defined 2 

City elections 

political calendar, relating to Vi 

City officer 

term defined 2 

Clerks of caucus 

how and when chosen, term of office 37 

to be appointed in certain cases 39 

duties similar to those of clerks at elections 3S 

to make record of the result of voting 35 

to make copy of the record 35 

to seal ballots and transmit same with records, etc., to city 

clerk 35 

with warden to indorse package containing votes, etc 35 

ineligible if member of ward or town committee or state, 

county or city employee 31 

cannot serve in a caucus wherein he is a candidate for an 

elective office or town or ward committee 37 

Conduct of caucuses — 31 

(see caucuses, also primaries.) 

with warden to deliver to delegates and candidates notice 

of election 1€ 

penalties imposed on 68, 6£ 

(see caucus officers.) 

*In Boston, election commissioners. 



114 INDEX. 

Page 

Congressional districts 98 

( oniiiM'ss representatives in 

how nominated in ninth, tenth and eleventh districts 82 

ballots and returns, how returned 83 

canvassing board, constitution and duties 83 

provisions of law applying to nomination of 83 

Contest 

notice of intention in cases of caucus 19-36 

Conventions, political 

meaning of term 3 

may for state, district, etc., make one nomination for each 

office to be filled at an election 40 

entitled to have names of candidates nominated on official 

ballot 40 

delegates to, for state elections how and when elected 12 

nominations at, may be made by roll call, in such case a 

majority of votes necessary to nominate 44 

not to be called for or held earlier than four days after a 
caucus, nor called for or held later than 48 hours prior 

to hour of filing certificates of nomination 43 

may call upon secretary or clerk of caucus for ballots cast, 

etc 19-36 

penalties imposed upon officers of 68, 69 

to nominate school committee, when held 92 

joint caucus act not to apply to caucuses to elect delegates 

to. held to elect delegates to national conventions 86 

Corrnpt practices 

in caucuses and elections, prevention of 59-67 

to whom applicable 67 

Councillor districts lOO 

Councillor in Suffolk senatorial districts 

to be nominated by direct plurality vote 82 

Counting of votes 

in joint caucuses or primaries 91 

Criminal prosecutions for violation of caucus or elec- 
tion laws 6 

Day and hour 

last for filing nominations 28, 49, 51, 86 

Definition of terms 2, 4, 86 

to whom to apply under the corrupt practice provisions 59 

Delegates to conventions 

entire group may be voted for by marking one cross 32 

when majority of, of a delegation are not elected 91 

except as provided in act no caucus entitled to nominate 

candidates or elect delegates 12 

except in Boston 
to nominate candidates to be voted for at a state election to 

be chosen at one caucus 12 

persons receiving highest number of votes deemed to be 

elected 15 

in case of tie vote, to be chosen by other delegates 15 

proceedings for filling such vacancies 15 

in case of tie vote of a majority another ballot to be taken 

at once, unless some one objects 15 

If some one objects caucus to be adjourned 15 

to receive certificate of election within three week days 16 

Delegation to convention 

to be chosen by ballot 34 



INDEX. 115 

Delegation to Convention— Continued. PAGH 

may fill vacancy caused by tie vote 15 

meeting far purpose, how called 15 

must organize with chairman and secretary 15 

must notify secretary of convention of the action 15 

Disorderly- conduct 

penalty 74 

Election commissioners of Boston 

powers and duties, how appointed 4-6 

to constitute Boston ballot law commission 7 

to canvass returns of caucuses 40, 83, 91 

to issue certificates to successful candidates 91 

when nomination papers are to be filed with 86 

Election law 

term defined „ . 85 

certain provisions of, to apply to primaries 88 

joint caucus act to be considered an amendment of 92 

Election officers 

to serve as primary officers at joint caucuses or primaries.. 88 

amendments relative to 88 

when appointed and term of office 88 

Enrolment 

how made in joint caucuses 88 

voter may have, changed to another party 90 

if accuracy of, is denied by voter 90 

may deposit ballot 90 

ballot may not be counted 90 

Elective office 

term defined 2 

Expenses 

election, and corrupt practices in elections 59-67 

False statements. Fraudulent voting. 
(see penalties.) 

Hour 

for calling caucuses 18-25, 89 

and day, last, for filing nominations 50 

Illegal voting 

penalties for 70 

Inspectors 

penalties imposed on 68, 69 

Joint caucus act 85 

(see primaries.) 

Majority 

of vote required to nominate by roll call in conventions.... 44 

Municipal party 

term defined 85 

to refer only to caucuses for nomination of city offices 85 

Natur alizatio n 

information relative to 96 

Nomination of candidates 

may be made by a party when for five years it has polled 
for governor votes equal to number required on nomina- 
tion papers 40 

conventions for, not to be held for four days after caucus. . 43 

In conventions, by roll call 44 

may be made by nomination papers 45 

other than by a political party designated on papers, etc. ... 48 

withdrawals of name 52 

in case of death, vacancy, ineligibility, etc 53 



116 INDEX. 

Nomination of Candidates— Continued. Page 

for senators in Suffolk districts 40 

uv direct vote 76 

for councillor 8'2 

congressmen in certain districts 82 

Nomination paper* relating? to caucuses, under provi- 
sions relating: to Boston, etc 20 

except as affected by chapter 4H4, acts of 1903 (see page 82). 
notices of caucuses shall state place where, day and hour 

prior to which shall be tiled 24 

notices relative to filing of, shall be published twice 25 

blanks to be provided by city or town 25 

blanks to be prepared by *city or town clerk 25 

blanks to have printed on them provisions of sections 108 

to 114 25 

to be delivered to chairman or secretary of political com- 
mittee for whose use they have been prepared and to 

them only 26 

all nominations to be made on 26 

to be signed in person by at least five voters of the party.. 26 
not to contain more names than there are persons to be 

elected 26 

written acceptance of every candidate to be filed with 26 

except for delegates, to state residence, other Information, 

etc 27 

not over eight words may be added 27 

for delegates, etc., a brief statement may be added 27 

time of filing to be indorsed upon 28 

to be sealed and filed in office of committee ten week days 

before caucus 28 

not to be opened until time for announcing nominations... 28 

to be publicly opened and publicly announced 28 

secretary of committee to indorse on, time of receipt 28 

errors, irregularities in, etc., may be corrected by secretary 

of city or town committee, or by signer of paper 28 

if none are filed in a city, ward committee may do so 28 

two sets of papers may be filed In case of disagreement 29 

if ward committee fall to file, officers of city committee may 23 

in case of non-receipt In a city 28 

in case of a vacancv by death or otherwise in a city 29 

in case of non-receipt in a town 29 

in case of vacancy by death or otherwise In a town 29 

in case of withdrawal by person nominated 29 

to be filed with *city or town clerk 30 

to be filed seven week days before time of holding caucus, 

before 5 P. M 30 

if after delivery errors are found in, to be returned for 

correction 30 

to be void if corrections are not made and same filed before 

5 P. M. day following 30 

only names presented on, to be printed on a ballot 32 

statements on, to be printed on ballots 32 

a candidate nominated on, must si<rn acceptance 26 

relative to nomination of congressmen in certain districts.. 83 
under joint caucus act. 

when filed 86 

•In Boston, election commissioners. 



INDEX. 117 

Nomination papers relating to cancnses — Continued. Page 
how signed in districts not wholly within one ward or 

town 87 

for candidates nominated, when filed 92 

Nomination papers relating to elections 

for nomination by voters 45 

number of signatures necessary 45 

to be signed in person, with residence 46 

women may sign for school committee 46 

certification and filing of papers 46 

duties of notary, justice of peace, etc 47 

blanks to be furnished by the secretary of the Common- 
wealth 54 

Notices applying to parties throughout the state 

every caucus invalid unless called by printed or written... 13 

for caucuses to applv only to members calling them 13 

to be sent to each candidate for an elective office of his 

nomination and to delegates, etc., of their election 16 

for caucuses to adopt, etc., provisions applying to Boston.. 22 
Notices applying to parties in cities and towns not 
having adopted provisions applying to Boston 

of caucuses to be issued seven days prior to day of holding. 18 

to state place, day and hour of holding 18 

to be posted and published 18 

to designate person to call caucus to order 18 

to be given by secretary of place and time of recounts 20 

Notices applying to parties in Boston, and cities and 
towns adopting provisions applying to said city 
to state place and time of filing nomination papers and day 

of holding caucuses 24 

to be issued eighteen days before the day 24 

seven days before the day, to be issued stating place, day 

and hour 25 

relative to nomination papers to be published 25 

to be given by registrars or election commissioners of re- 
counts 36 

Notices under the joint caucus act, when issued 86 

Oath 

to be taken when any person's right to vote is challenged. . 14 

administration of, to be recorded .*. 14 

Official ballot 

term defined 2 

Party, political 

defined 3 

Penalties 

upon officers 68 

on officer of a caucus or convention making false count 68 

on presiding officer, secretary or clerk of a caucus violating 

section 98 69 

on caucus officer violating section 91 69 

on presiding officer of a caucus when right to vote is chal- 
lenged 69 

on caucus officer, officer or member of political committee 

or convention failing to perform a duty 69 

upon voters 70 

for illegal voting or attemtping to vote 70 

for placing mark on ballot 70 

for allowing marking of ballot to be seen, giving false 

answer or oath ,,,,.,.., 7Q 



118 INDEX. 

Penalties— Continued. Paqh 

for violation of scetion 91 as to taking oath 70 

for making false statements as to inability to mark ballots.. 70 

general penalties 70 

for aiding and abetting in illegal voting 70 

for altering, depositing or removing ballots with intent to 

cheat 71 

for falsely making, filing, suppressing, defacing, etc., cer- 
tificate, nomination paper or letter 71 

on notaries, etc., taking oaths of signers to nomination 

papers 71 

for writing, printing, posting, distributing, etc., anonymous 

circulars, etc 72 

for posting, circulating, etc., printed matter in and about 

polling places at caucuses and elections 72 

for defacing, destroying, etc., lists, cards, ballots, sup- 
plies, etc 73 

for forging, etc., ballot, or delaying delivery of ballots 73 

for hindering or delaying a voter 73 

for interfering with voter, or inducing voter to show ballot. 73 

for marking ballot contrary to law 74 

for removing a ballot from enclosed space 74 

for paying, giving or promising anything to influence a voter 74 

for disorderly conduct at caucuses 74 

for disobeying orders of caucus officers, etc 74 

for not removing pipe, cigar, liquor, etc., and violating sec- 
tion 222 74 

for giving information regarding challenged votes 75 

for violation of provisions relating to corrupt practice 75 

supreme and superior court to have jurisdiction to enforce. . 75 
Plurality of votes cast 

to be deemed to nominate or elect in caucuses 16 

Political calendars 

for state and city elections IV, V, VI 

Political committee 

term defined 3-59 

Political committees 

names, when chosen, term of office, etc 7 

existing when party first polls three per cent of vote for 

governor deemed organized 10 

may make rules, regulations, etc 10 

shall not prevent voter supporting Independent candidate 

from participating in a caucus 10 

except as provided no caucus entitled to choose 12 

to be chosen by ballot 19-34 

each member to receive notice of his election 16 

member of, may contest election 19 

when deemed to be organized 10 

to call special caucuses 13 

caucuses for election of, to be held same day, and to be 

chosen at caucuses for city or town election 23 

chairman or secretary of, to receive blank nomination paper 

from officials 2G 

facsimile of signature of secretary of, to be on back of 

ballots 31 

penalties Imposed on members of 68, 69 

receipt, payment, etc. of money by, for election expenses, 

etc 59-67 



INDEX. 119 

Political committees — Continued. Page 

to have a treasurer, accounts, statements, etc 59-67 

(see state, ward, city and town committee.) 
Political convention 

term defined (see convention) 3 

Political party 

term defined 3 

each 'to annually elect a state committee 7 

each in a city to annually elect a ward committee 8 

each in a town to annually elect a town committee 8 

ward and town, committees of a, to consist of not less than 

three persons 8 

rules and regulations may be made to determine membership 

in a 10 

no person can act in caucuses of two 13 

no two, to hold caucuses on the same day 13 

first filing copy of call of caucuses entitled to precedence... 13 

oath to be taken by person claiming to be a member of a 14 

may accept provisions of sections applying to Boston, etc... 22 

may revoke acceptance, etc 23 

proceedings for such purpose 22, 23 

authorized to make nominations by caucus or convention.. 40 
Polling- place 

term defined 3 

Polling- places 

aldermen and selectmen to be notified to prepare 18-24 

to be provided at the expense of city or town 18-24 

city and town committees to be notified of location 18-24 

in Boston election commissioners to prepare and assign 

places 24 

in Boston, etc., to be fitted up as at elections 25 

when twenty-five voiers request, to be arranged to allow 

voting in two or more lines 25 

ballots, etc., to be delivered at 33 

specimen ballots to be provided for each 33 

to be posted in, until polls are closed 33 

distribution of printed matter, circulars, etc., at, prohibited, 

penalty applying 72 

Polls 

to be open nine hours 89 

election commissioners to designate hours 89 

Precincts 

joint caucuses or primaries to be held by 87 

Presiding officer 

term defined 3 

to open the caucus at the hour appointed therefor 13 

to administer oath to voter whose right is challenged 14 

with secretary and clerk to send a certificate of election 

or notice of nomination to persons entitled 16 

ballots to be delivered to, at caucuses 33 

to post specimen ballots in polling place 33 

to require challenged person to write name on ballot. ...'.... 34 

to add name of person challenging, etc 34 

not to give information in regard to such ballot 34 

to publicly announce result 34 

penalties imposed on 68,69 

(see chairman and warden.) 



120 INDEX. 

Primary Page 

definition of term 85 

Primaries or joint caucuses 

definition of terms applying to 83 

all caucuses of political and municipal parties to be held 

at the same time and place as 85 

with exceptions 85 

to be conducted in general as elections 86 

notices of, when issued S6 

nomination papers, when filed 86 

provisions relating to signers of nomination papers 87 

provisions relating to ballots, ballot boxes, etc 87 

when to be held for state elections 87 

for city elections 87 

to be held by precincts .*<7 

provisions of election law relating to election officers, voting 

places, apparatus, etc., to apply to 88 

election officers to serve at, as primary officers 88 

hours during which, shall be open 89 

enrolment at, manner of 89 

counting of votes at 91 

canvass of returns of votes at 91 

petitions for recounts at 91 

in case of a tie vote, etc., at 91 

Printed matter 

distribution of, at caucuses and elections prohibited— 

penalty 72 

Qualifications of male voters 95 

Records 

of result of balloting, etc., to be made 35 

copy of same to be made 35 

all to be transmitted to *city or town clerk 35 

Recount of ballots, in cities and towns, except in Bos- 
ton, etc 19 

notice for, to be filed by candidates, etc., with secretary 

of caucus within three days 20 

notice of, to be given in writing to persons interested.. 20 

chairman and secretary of caucus to recount within 

twenty-four hours 20 

candidate or his agent may be present 20 

in Boston, and certain cities and towns 36 

notice for, to be filed by ten voters with *clty or town 

clerk 36 

election commissioners to recount 36 

registrar of voters in other cities and towns 36 

candidate or his agent may be present 37 

at caucuses for nomination of candidates for congressmen 

in certain districts 83 

at caucuses at which are made direct nominations 84 

at caucuses or primaries held under the joint caucus act. . . . 09 

filing petition for. under the joint caucus act 91 

Re-division of a city into wards 

special provisions for election of a ward committee 9 

•Registrars 

term defined 3 

to hold extra session for registration preceding first 

caucus preceding state election 6 

to furnish last voting list for use in caucuses 6 

to recount ballots in certain cases 37 

*In Boston, election commissioners. 



TNDEX. 121 

Registration of voters Page 

one session for, to be held before first caucus preceding 

annual state election 6 

Representative caucuses 

to be held same day as caucuses to choose delegates to state 

convention 12 

Representative district conventions 

not to be held earlier than seven days after date designated 
for holding caucuses for choosing delegates to the state 

convention 44 

Representatives to tlie General Conrt 

to be elected by direct vote in certain districts 76 

Representatives in Congress 

how nominated in the ninth, tenth and eleventh districts . . 82 
Rules and regulations 

state, city and town committee may make 10 

Return of votes 

in Suffolk senatorial districts 40 

in districts nominating by a direct vote 76 

for nomination of. 

congressmen in certain districts 83 

in districts composed of more than one ward or town ... b4 

in districts not wholly within any one city or town 84 

School committee 

in Boston not to be nominated by direct vote 76 

convention to nominate, when held 92 

Secretary of caucus 

choice of, first business in order at caucus 19 

to send certificate to delegates and nominees within three 

week days 16 

to preserve all ballots and voting lists for ten days or for 

three months upon request 19 

request for recount to be filed with 19 

with chairman to recount ballots 20 

to give notice to contestants, etc 20 

penalties imposed on 68 

to file certificates of nomination within seventy-two hours 

succeeding 5 P. M. of the day caucus was held 45 

penalty for failure 69 

Secretary of tlie city committee 

(see city and town committee.) 
Secretary of the Commonwealth 

to receive from state, city and town committees list of 

members, officers and vacancies occurring 8,9 

to receive notice from state political committee of call for 

caucus 13 

to receive from city and town committees notice of adoption 

or revocation of adoption of provisions applying to Boston. 22,23 
Secretary of convention 

to file certificate of nomination within seventy-two hours 

succeeding 5 P. M. of the day caucus was held 45 

penalty for failure 69 

Secretary of state committee 

(see state committee.) 
Secretary of town committee 
(see city and town committee.) 
Selectmen of towns 

to provide polling places for holding caucuses 18, 24 

to notify committees of place selected for holding caucuses. 18, 24 



122 INDEX. 

Page 

Senatorial districts 102 

senators, nomination of in Suffolk districts 40 

Smoking, etc. 

at caucuses prohibited 74 

penalties for violation of law 74 

Special caucuses for special elections 

to be held as political committees may determine 13 

chairman and secretary shall Issue calls for 13 

for election of a ward committee in case of a re-division of 

a city into wards . 9 

Specimen ballots 

to be furnished by cities and towns 31 

to be delivered at polling place 33 

to be posted in polling place ,. 33 

Stamps for marking ballots 

by whom provided and how used 66 

State Ballot L.avr Commisssion 54 

State committee 

to be elected annually 7 

how constituted, when elected, term of office, etc 7 

to be organized, when and how 8 

vacancies in officers or membership to be filled bv the committee 

and filed 8 

may make rules, etc., for its conduct, also relative to 

caucuses 10 

to designate the date of all caucuses relating to state 

elections, except in Boston 12 

to forward copy of call to city and . town committees, 

twenty-one days prior to da'e of caucuses 13 

chairman and secretary of, 

to send call or caucuses relating to state elections to 

city or town committees 13 

secretary of, 

within ten days to file with secretary of common- 
wealth, list of members, officers, and of vacancies 

filled 8 

to send same to city and town committees 8 

penalties imposed on members of 60 

State election 

term defined 3 

State officer 

term defined 4 

Suffolk senatorial districts 

special provisions for nomination of senators and election 

of members of state committee 40 

Sundays and holidays 

when period of time falls on 4 

Terms 

defined 2, 5, 86 

Tie vote 

if for delegates to a convention vacancy to be filled by 

remaining delegates 15 

If for ward and town committee or caucus officers, vacancy 

filled by elected members *. 15 

If for elective office, a majority of a delegation, etc., an- 
other ballot to be taken at once unless some one objects, 

then at adjourned caucus 15 

if for candidate nominated directly for any office to be 

deemed a vacancy 84 



INDEX 123 

Tie vote — Continued. Page 

how filled 84 

if for candidates for an elective office 91 

to be deemed a vacancy 91 

now filled 91 

Towns 

(see cities and towns.) 
Town clerks 

(see city and town clerks.) 
Town committee 

to be elected annually 8 

to consist ot not less than three persons 8 

to hold office for one year 8 

vacancies in officers and membership of, to be filled by 

the committee and filed 9 

to organize between January 1 and March 1 9 

In case of a tie vote at election of 15 

In case of a tie vote for a majority of 15 

to receive notice of membership of state committee 8 

to organize by choice of chairman, secretary and treasurer. 9 

to file organization and any vacancies occurring 9 

may make rules, etc., for its proceedings and relative to 

caucuses and fixed number of members 10 

to make rules, etc., restraining parties not entitled to take 

part in caucuses from voting therein 10 

not to deprive voter supporting independent candidate 

from voting, etc 10 

to receive copy of caucus call fram state committee 13 

to call and give notice of all caucuses in their towns 18, 25 

to post notices on five lines of travel and in every post- 
office 18 

to notify selectmen to provide polling places 18 

has power to take action relative to adoption of provisions 

applying to Boston, etc 22 

to appoint caucus officers for first caucus after adoption 39 

to call caucus to order in certain towns in absence of tem- 
porary chairman 18 

to file notice of adoption or revocation of special Boston 

provisions 22, 23 

penalties imposed on members of 69 

(see city and town committee.) 
Town election 

term defined 4 

Town officer 

term defined 4 

Two leading? political parties 

term defined 4 

Vacancy 

in offices of state, city and town committee, how filled 8, 9, 15 

in membership of state, ward and town committees to be 

filled by members '. 8, 9, 15 

caused by tie vote for delegates, to be filled by remaining 

delegates 15 

caused by tie vote for members of town and ward committees 

and caucus officers to be filled by members elected 15 

In list of nominees on nomination papers for a caucus 26 

in caucus officers 39 

In list of nominees for election 52 

in board of voting machine examiners 81 



124 INDEX. 

Vacancy— Continued. Page 

in case of tie vote in direct nominations s t 

in case of tie vote for candidates for an elective office M 

in case of withdrawals 02 

Violation* of provisions of tlie election law 

disposition of cases of 76 

Voter 

term defined 4 

may make one mark against a group of candidates 32 

may vote for one or more candidates in a group by making 

a cross against each name, etc 33 

supporting independent candidates not to be prevented from 

voting in a caucus 10 

not to be prevented from voting in a caucus If he takes a 

prescribed oath 14 

taking oath may be challenged 14 

number of ballots furnished for caucuses not to exceed one 

for each ; 31 

Voters 

upon written request of fifty, caucuses to be called for 

adoption of Boston provisions 22 

upon request of twenty-five, polling places to be arranged 

for voting in two lines 25 

nomination papers to be signed by five legal 26 

officers not to give information in regard to ballot cast by 

challenged 34 

votes to be counted In full view of 34 

petitions for recounts by 19-36 

enrolment of, how made 89 

if accuracy of enrolment of, is denied by 90 

Voting 

under joint caucus act, how conducted 89 

Voting lists 

to be furnished by *registrar 6 

to be used in balloting as check lists 14 

persons whose names are not on, not entitled to vote In 

caucuses 14 

to be sent to polling places by *city or town clerks 33 

record to be made of names checked on 35 

to be returned, sealed up with ballots, etc., to *city or town 

clerks 35 

to be kept for three months 19 

to be used at a recount 19-36 

In Boston, copy of, as used and checked in a caucus to be 

furnished upon application of ten voters M 

Voting and counting machine* 

to be examined and approved by certain officials f»1 

none other to be used 57 

power to determine nurehase, etc.. to whom given 57 

special provisions applying to Boston 58 

regulations for use of machines, by whom made 58 

Voting machine examiners 

board of. to consist of three persons SI 

appointed by the governor si 

term of office, duties and compensation si 

vacancies si 



' In Boston, election commissioners. 



INDEX 125 

Ward committee Page 

to be chosen annually 8 

to consist of not less than three members 8 

term of office, one year from January 1 8 

organization, when and how made 9 

shall constitute a city committee 8 

in case of a tie vote 15 

special provisions for election of, in case of the re-division 

of a city into wards 9 

certain duties imposed in the event of a tie vote 84 

after charge of ward lines, not to be chosen at Joint cau- 
cuses or primaries SO 

when majority is not elected 91 

Ward committee under provisions applying to Boa- 
ton, etc. 

caucuses for choice of, to be held on the same day 23 

day to be same for caucuses relating to a city election.... 23 

to be notifledd if nomination papers have not been filed 28 

to file nomination papers in certain cases 28 

residence shall be given on nomination papers, also on 

ballots 27, 32 

names on ballots to be arranged in groups 31 

member of, not eligible for a caucus officer 37 

candidate for, cannot serve as a caucus officer 38 

vacancies in officers and membership of, to be filled by the 

committee and filed 9 

any member of a, to call a caucus to order in certain cities 

in absence of temporary chairman 18 

penalties imposed on members of 69 

"Warden 

to cause specimen ballots to be posted in polling places.... 33 

duties to be similar to those of warden, at elections 38 

to accept challenged votes 34 

to make public announcement of result of balloting 35 

to cause clerk to make record of same 35 

with clerk of caucus to endorse package containing votes, 

etc 35 

to transmit same to *city or town clerk 35 

penalties imposed on , 68, 69 

with clerk of caucus, to notify delegates, etc., elected 16 

(see presiding officer.) 
(see caucus officers.) 

Withdrawals 

certificates to fill vacancies caused by, when filed 92 



In Boston, election commissioners. 



LBFe "05 



